" 


UC-NRLF 


The  FARMERS' 
HANDBOOK 


CONTAINING  LAWS  OF  OHIO 
RELATING  TO  AGRICULTURE 


'By  the  Secretary  of  Agriculture 


Op 


THE  FARMERS'  HANDBOOK 


CONTAININCx  LAWS  OF  OHIO 


Relating  to  Agriculture 


AND  OF  USE  AND  INTEREST  TO  ALL  COUNTRY 

RESIDENTS.     COMPILED  FROM  THE 

LATEST  EDITION  OF  THE 


REVISED  STATUTES  OF  OHIO 


BY  THE 

SECRETARY  OF  AGRICULTURE. 


COLUMBUS,  OHIO: 

Fred.  J,.  Heer,  State  Printer. 
1901. 


•  _«-••♦ •      • 


•  •  s  •:  ••:  ••••■■: 


DOCUMENTS 
OCPT. 


THE  FARMERS'  HANDBOOK  OF  THE  LAWS  OF  OHIO. 


In  compiling  the  laws  contained  in  this  pamphlet  it  has  been  the  endeavor 
to  include  all  that  have  any  especial  bearing  on  agriculture  and  agricultural  pur- 
suits and  such  as  generally  affect  a  resident  of  the  country.  The  many  requests 
received  at  the  Department  of  Agriculture  for  laws  relating  to  the  different  subjects 
herein  contained  have  demonstrated  the  need  of  such  a  work  and  great  care  has 
been  taken  in  its  preparation.  The  laws  have  been  copied  from  the  latest  edition 
of  the  Revised  Statutes  of  Ohio,  have  been  carefully  compared  so  as  to  eliminate 
all  errors,  and  will,  I  trust,  be  found  correct  in  every  particular.  A  complete 
index  has  been  added  to  enable  one  to  find  readily  any  matter  desired.  It  is  hoped 
that  the  book  will  be  found  complete,  and  that  it  will  be  of  great  assistance  to 

the  farmers  of  Ohio. 

WEIAS  W.  AIii^er,  Secretary. 
Columbus,  Ohio,  May  28,  1901. 

(2) 


LAWS  OF  OHIO  RELATING  TO  AGRICULTURE  ' 


COMMISSIONERS  OF  FISH   AND  GAME. 
t 

Sec.  405.  [Appointment;  terms;  removals.]  The  governor,  by 
and  with  the  advice  and  consent  of  the  senate,  shall  appoint  five  com- 
missioners of  fish  and  game,  of  whom  not  more  than  three  shall  belong 
to  any  one  political  party,  one  commissioner  to  serve  for  one  year,  one 
for  two  years,  one  for  three  years,  one  for  four  years,  and  one  for  five 
years,  and  at  the  expiration  of  the  term  of  office  of  each  member  of 
the  commission  his  successor  shall  be  appointed  for  five  years,  who  shall 
severally  hold  their  office  for  five  years,  any  one  of  whom  may  be  removed 
by  the  governor  at  his  pleasure. 

Sec.  406.  [Bond  and  oath.]  Each  of  the  commissioners  shall, 
before  entering  upon  the  discharge  of  his  duties,  give  a  bond  to  the  state, 
with  surety  to  the  satisfaction  of  the  governor,  in  the  sum  of  two  thousand 
dollars,  conditioned  for  the  faithful  performance  of  the  duties  of  his  office, 
which  bond,  with  the  approval  of  the  governor  and  the  oath  of  office 
indorsed  thereon,  shall  be  deposited  with  the  secretary  of  state. 

Sec.  407.  [No  compensation,  but  all  expenses  to  be  paid  them.] 
The  commissioners  shall  serve  without  compensation,  but  they  shall  be 
entitled  to  be  paid  all  their  expenses  while  engaged  in  the  discharge  of 
their  duties,  which  expenses  shall  be  paid  to  them  on  their  own  certificates, 
severally. 

Sec.  408.  [Duties.]  The  commissioners  shall  examine  the  vari- 
ous rivers,  lakes,  ponds  and  streams  in  the  state  or  bordering  thereon,  and 
ascertain  whether  they  can  be  rendered  more  productive  of  fish  and 
game,  and  what  measures  are  required  to  effect  this  object,  either  in 
restoring  the  production  of  fish  and  game  in  and  about  them,  or  in  pro- 
tecting and  propagating  the  fish  which  at  present  frequent  and  abound 
in  them  or  otherwise ;  and  the  commissioners  shall  carry  into  effect  all 
such  measures,  in  this  behalf,  that  they  deem  necessary,  so  far  as  means 
are  placed  at  their  disposal  for  these  purposes ;  and  they  shall  also 
inquire  into  the  matter  of  artificial  propagation  of  fish  in  the  waters  of 
the  state,  and  adopt  such  plans  to  test  the  efficiency  of  this  mode  of 
increasing  the  quality  of  edible  fish  as  they  think  best. 

Sec.  409.  [Appointment  of  chief  warden;  special  wardens  for 
certain  lakes ;  deputy  state  wardens  and  special  deputy  state  wardens ; 
term  of  office.]  The  commissioners  shall,  at  their  annual  meeting  in 
January,  or  at  such  time  as  they  deem  proper,  appoint  a  chief  warden 
who  shall  hold  his  office  for  one  year,  unless  sooner  removed  by  the 
commissioners.  They  may  also  appoint  special  wardens  for  Lake  Eric- 
Buckeye  Lake  and  Indian  Lake,  and  for  Mercer  County  reservoir  of 
the  state.  They  shall  also  appoint  such  number  of  deputv -wardens  as 
in  their  judgment  are  necessary  to  properly  police  the  state.  They  may 
also  appoint  special  deputy  state  wardens,  when  in  their  judgment  they 
deem  it  necessary,  who  shall  hold  their  offices  for  such  time  as  the 
commissioners  may  direct,  and  who  shall  possess  the  same  powers  and 
perform  the  same  duties  as  deputy  state  wardens,  and  they  shall  receive 

(3) 


R79539 


4  LAWS    RELATING   TO   AGRICULTURE. 

such  compensation  for  their  services  as  the  commissioners  deem  proper. 
The  special  wardens  and  deputy  state  wardens  shall  hold  their  offices 
for  two  years   unless   sooner   removed  by   the   commissioners. 
,«  ^[Oath/apxibtoiid.]     The  chief  warden,  special  wardens  and  dep- 

>tate  hardens  shall,  before  entering  upon  the  discharge  of  their 
duties,,  eapk. give  a.  bond  to  the  state  of  Ohio  (the  chief  warden  in  the 
fcUfti  t>|  iwO ".thousand-  dollars,  and  the  special  wardens  and  deputy  state 
wardens  in  the  sum  of  two  hundred  dollars)  conditioned  for  the  faithful 
discharge  of  their  respective  duties,  which  bonds  shall  be  approved  by  and 
be  deposited  with  the  commissioners. 

[Salaries  and  fees.]  The  commissioners  may  allow  the  chief 
warden  a  salary  not  to  exceed  twelve  hundred  dollars  per  annum, 
and,  in  addition,  his  expenses  (not  exceeding  six  hundred  dollars) 
incurred  in  the  discharge  of  his  duties.  The  commissioners  may  allow 
the  special  lake  and  reservoir  wardens  each  a  salary  not  to  exceed 
three  hundred  dollars  per  annum.  The  salary  and  expenses  of  the  chief 
warden,  and  the  salaries  of  the  special  lake  deputy  state  wardens,  and 
reservoir  wardens  shall  be  paid  out  of  the  fund  appropriated  for  the 
use  of  the  commissioners.  In  addition  to  any  other  compensation, 
each  warden  shall  be  entitled  to  any  fees  which  he  may  earn,  which 
fees  shall  be  the  same  as  are  paid  sheriffs  for  similar  services  in  criminal 
cases.  The  commissioners  may  also  direct  that  any  fines  collected  under 
prosecutions  begun  by  any  warden,  shall  be  paid  to  such  warden  by  the 
officer  before  whom  the  prosecution  is  had,  or  by  whom  the  fine  is 
collected;  and,  in  addition  thereto,  may  pay  them  such  further  compen- 
sation, out  of  any  moneys  received  from  gun  licenses,  as  may  be  reason- 
able. 

[Division  of  state  into  county  police  districts.]  For  the  purpose 
of  effectively  enforcing  the  laws  for  the  protection  of  birds,  fish  and 
game,  the  commissioners  shall  divide  the  state  into  county  police  districts 
and  assign  to  each  such  district  at  least  one  deputy  state  warden,  who 
shall  be  a  resident  of  the  county,  but  who  shall  have  power  to  act  in  any 
part  of  the  state. 

Sec.  409a.  [Duty  and  powers  of  said  wardens.]  It  shall  be  the 
duty  of  the  chief  warden,  special  wardens,  deputy  state  wardens  and 
special  deputy  state  wardens  to  enforce,  within  this  state,  all  laws  relating 
to  the  protection,  preservation  and  propagation  of  birds,  fish  and  game. 
The  chief  warden  shall,  under  the  direction  of  the  commissioners,  visit 
all  parts  of  the  state  and  direct  and  assist  the  special  wardens,  deputy 
state  warden  [and  special  deputy  wardens]  in  the  discharge  of  their 
duties.  Each  warden  shall  have  full  power  to  execute  and  serve  all  war- 
rants and  process  of  law  issued  for,  in  connection  with,  or  growing 
out  of  the  enforcement  of  any  law  relating  to  the  protection,  preser- 
vation or  propagation  of  birds,  fish  and  game,  in  the  same  manner  and 
to  a  like  extent,  that  any  sheriff  or  constable  may  serve  and  execute 
such  process ;  they  may  arrest  on  sight  and  without  a  warrant,  any  person 
detected  by  them  in  the  act  of  violating  any  such  laws ;  they  shall  have 
the  same  right  as  sheriffs  to  require  aid  in  executing  any  process,  or 
in  arresting  without  process  any  person  found  by  them  in  the  act  of  vio- 
lating any  of  said  laws;  and  they  shall  have  authority  to  seize  without 
process,  any  birds,  fish  or  ga-ne  then  found  in  the  possession  of  any 
such  person,  which  is  so  in  possession  contrary  to  law,  together  with  the 
guns,  nets,  seines,  traps  or  other  device?  with  which  the  same  were  taken 
or  killed,  and  forthwith  convc^   such  offender  before  a  court  or  magis- 


LAWS    RELATING   TO   AGRICULTURE. 

trate  having  jurisdiction  of  the  offense,  who  shall,  upon  the  filing  by  the 
warden  of  a  proper  complaint,  proceed  speedily  to  try  and  determine 
the  truth  of  the  charge.  Such  arrest  may  be  made  on  Sunday,  in  which 
case  the  offender  shall  be  taken  before  such  court  or  magistrate,  who  may 
require  bond  for  his  appearance  at  the  time  fixed  for  the  hearing  of 
the  complaint,  which  complaint  shall  be  heard  as  soon  as  practicable 
on  a  week  day  following  the  arrest.  In  case  the  offender  fails  to  give 
bond  for  his  appearance  (if  any  bond  be  required),  the  court  may 
order  him  committed  to  the  jail  of  the  county,  or  to  some  other  suitable 
place  until  the  time  set  for  the  hearing  of  the  complaint.  It  shall  be 
the  duty  of  all  sheriffs,  deputy  sheriffs,  constables  and  other  police  officers, 
to  enforce  all  laws  relating  to  the  protection  and  propagation  of  birds, 
fish  and  game,  and, in  their  enforcement  they  shall  have  the  same  powers 
as  are  conferred  upon  the  wardens,  and  they  shall  be  entitled  to  like  fees 
for  similar  services.  Prosecutions  by  the  wardens,  or  other  police  officers, 
for  offenses  not  committed  in  their  presence,  shall  be  instituted  only 
upon  the  approval  of  the  prosecuting  attorney  of  the  county  in  which  the 
offense  is  committed,  or  under  the  direction  of  the  attorney  general ; 
and  for  his  services  the  prosecuting  attorney  shall  receive  twenty  per 
cent,  of  all  fines  assessed  and  collected  upon  prosecutions  conducted 
by  him. 

Sec.  409/;.  [Seizure  of  instruments  used  for  unlawful  catching 
of  birds,  fish  or  game.]  Any  gun,  net,  seine,  trap  or  other  device 
whatever  used  in  the  unlawful  taking,  catching  or  killing  of  birds,  fish  or 
game,  is  hereby  declared  to  be  a  public  nuisance  and  shall,  upon  lawful 
seizure  by  any  warden  or  police  officer,  be  deemed  forfeited  to  the  state ; 
and  it  shall  be  the  duty  of  every  warden  or  other  police  officer,  to  seize 
any  such  property  and  institute  proceedings  for  its  forfeiture,  as  pro- 
vided in  section  409c,  Revised  Statutes.  When  any  such  gun,  net,  seine, 
trap  or  other  device  is  seized  and  condemned,  as  provided  in  the  next 
succeeding  section  hereof,  the  costs  of  such  proceeding  shall  be  adjudged 
against  the  owner  or  the  user  thereof  at  the  time  of  the  seizure,  if 
known,  which  judgment  shall  be  the  first  lien  upon  his  property,  and 
against  which  lien  no  exemption  can  be  claimed.  When  a  seizure  of 
any  such  property  has  been  made  no  writ  of  replevin  shall  lie  to  take  it 
from  the  custody  of  the  officer  seizing  it,  or  from  the  custody  or  jurisdic- 
tion of  the  court  before  whom  such  proceeding  [is  pending],  but  such 
property  shall  be  held  by  such  officer  or  court  to  await  the  final  determ- 
ination of  such  proceeding ;  and  such  proceeding  shall  in  no  wise  affect  or 
bar  a  criminal  prosecution  of  the  person  so  using  such  property  in  viola- 
tion of  law.  No  warden  or  other  police  officer  shall  be  liable  in 
damages  to  any  person  for  or  on  account  of  any  arrest,  or  for  or  on 
account  of  any  search  or  examination  of  any  package,  parcel,  box  or 
other  receptacle,  or  room,  building,  boat  or  other  place,  or  for  the  seizure 
of  any  gun,  net,  seine,  trap  or  other  device,  or  birds,  fish  or  game,  when 
such  arrest,  search,  examination  or  seizure  is  made  in  the  discharge  of 
his  duties  in  accordance  with  the  provisions  of  this  act. 

Sec.  409^.  [Proceedings  for  condemnation  and  forfeiture  of  said 
instruments.]  When  any  gun,  net,  seine,  trap  or  other  device  is 
seized  as  provided  in  section  409&  hereof,  it  shall  be  the  duty  of  the 
warden  or  other  officer  seizing  it,  to  safely  keep  such  property  in  his 
possession,  or  under  his  control,  and  to  institute,  within  three  days,  in 
the  proper  court  of  the  county  wherein  such  property  is  seized/  pro- 
ceedings  for  its  condemnation  and   forfeiture.     Such  proceedings  shall 


6  LAWS    RELATING    TO    AGRICULTURE. 

be  instituted  by  the  tiling  of  an  affidavit,  describing  the  property  seized,, 
setting  out  the  unlawful  use  to  which  it  was  found  put,  giving  the  time 
and  place  of  seizure,  and  setting  out,  if  known,  the  name  of  the  person 
owning,  cr  using  the  same,  at  the  time  of  seizure,  and  if  such  person  be 
unknown,  such  fact  shall  be  stated.  The  court  before  whom  such  affidavit 
is  filed  shall  thereupon  issue  a  summons  setting  out  the  facts  alleged 
in  the  affidavit,  and  stating  the  time  and  place  when  the  cause  will  be  for 
hearing,  a  copy  of  which  summons  shall  be  served  upon  the  owner,  or  per- 
son using  the  property  at  the  time  of  its  seizure  (if  he  be  known)  per- 
sonally, or  by  leaving-  a  copy  thereof  at  his  usual  place  of  residence, 
or  business,  if  in  the  count}',  at  least  three  days  before  the  hearing  of  the 
complaint.  If  such  owner  or  user  be  unkown,  or  if  he  be  a  non-resident 
of  the  county,  or  cannot  be  found  therein,  a  copy  of  the  summons  shall 
be  posted  up  at  a  suitable  place  nearest  the  place  of  seizure,  and  copy 
mailed  him  (if  hie  address  be  known)  at  least  three  days  before  the  time 
set  for  the  hearing  of  the  complaint.  The  officer  making  such  service 
shall  make  a  return  on  the  day  set  for  the  hearing,  of  the  time  and  manner 
of  making  such  service.  The  court  may  postpone  the  hearing  upon 
a  proper  showing  by  either  party,  for  such  reasonable  time  as  may  be 
necessary.  Upon  the  hearing,  proceedings  shall  be  had  as  provided  in 
section  409^  of  this  act.  If  the  court  or  jury  shall  find,  by  a  prepond- 
erance of  the  evidence,  that  the  property  at  the  time  of  its  seizure,  was 
being  used  in  violation  of  law,  the  court  shall  adjudge  the  property  for- 
feited, and  shall  render  judgment  against  the  owner  or  user  thereof,  for 
the  costs,  and  shall  order  the  property  turned  over  to  the  commissioners 
of  fish  and  game,  to  be  by  them  sold  at  such  time  and  place  as  they  shall 
deem  best,  and  the  proceeds  thereof  covered  into  the  state  treasury  as 
provided  by  law.  But  if  the  court  or  jury  shall  find  that  the  property, 
at  the  time  of  its  seizure,  was  not  being  used  in  violation  of  law,  the 
court  shall  order  the  property  released.  A  writ  of  error  may  be  prose- 
cuted by  the  officer  or  person  filing  the  complaint,  or  by  the  owner  or 
user  of  the  property  seized,  to  review  the  judgment  and  order  of  the 
court  in  forfeiting  the  property,  or  in  ordering  its  release,  to  the  court 
of  common  pleas,  circuit  court,  and  supreme  court,  in  the  same  manner  as 
writs  of  error  are  prosecuted  in  other  civil  causes.  But  if  the  owner 
or  person  so  unlawfully  using  the  property  at  the  time  of  seizure  shall  be 
arrested,  and  shall  plead  guilty,  and  shall  confess  that  the  property 
seized  was,  at  the  time  of  its  seizure,  being  used  by  him  in  violation  of 
law,  in  such  case  it  shall  not  be  necessary  to  institute  a  proceeding  to 
forfeit  the  same,  but  the  court  before  whom  the  offender  has  pleaded 
guilty,  shall,  in  imposing  sentence,  further  order  and  adjudge  that  the 
property  so  seized  be  forfeited  to  the  state. 

Sec.  A:ogd.  [Final  jurisdiction.]  Any  justice  of  the  peace, 
mayor,  or  police  judge,  within  his  county,  shall  have  final  jurisdiction  of 
all  criminal  prosecutions  brought  under  this  act ;  and  shall  have  jurisdic- 
tion of  any  and  all  proceedings  to  condemn  and  forfeit  property,  used 
in  violation  of  any  law  relating'  to  the  protection,  preservation  or  propa- 
gation of  birds,  fish,  or  game. 

[Jury  trial,  etc.]  If  such  prosecution,  or  condemnation  pro- 
ceedings be  before  a  justice  of  the  peace,  and  a  trial  by  jury  be  demanded 
the  said  justice  shall  issue  his  venire  to  any  warden  or  constable  of  the 
county,  containing  the  names  of  sixteen  electors  of  the  county  to 
serve  as  jurors  to  try  such  cause  or  condemn  such  property,  and  make 
due  return  thereof.     Each  party  shall  be  entitled  to  two  peremptorv  dial- 


LAWS   RELATING   TO   AGRICULTURE.  7 

lenges,  and  shall  be  subject  to  the  same  challenges  as  jurors  are  subject 
to  in  criminal  cases  in  the  court  of  common  pleas.  If  the  venire  of  six- 
teen names  be  exhausted  without  obtaining  the  required  number  to  fill 
the  panel  the  justice  may  direct  the  constable,  or  the  warden  to  summon 
any  of  the  bystanders  to  act  as  jurors,  or  direct  him  to  bring  in  other 
persons  to  act  as  jurors;  and  in  criminal  prosecutions  like  proceedings 
shall  be  had  as  in  criminal  cases  in  the  court  of  common  -pleas, 
and  in  condemnation  proceedings,  like  proceedings  shall  be  had 
as  in  civil  cases  in  the  court  of  common  pleas.  If  the  pro- 
secution, or  proceedings  be  before  a  mayor,  or  police  judge,  and  a  trial 
by  jury  be  demanded,  the  jury  shall  be  chosen  in  the  manner  now  pro- 
vided for  the  impanelling  of  juries  in  other  criminal  cases.  In  all  pro- 
secutions and  condemnation  proceedings  under  the  provisions  of  this  act, 
no  cost  shall  be  required  to  be  advanced,  secured  or  paid  by,  or  bond 
or  undertaking  required  of,  any  person  authorized  under  the  law  to  prose- 
cute such  cases ;  and  if  the  defendant  be  acquitted,  or  if  convicted  and 
committed  in  default  of  payment  of  fine  and  costs,  or  if  the  property 
seized  be  released,  the  costs  in  such  cases  shall  be  certified  under  oath 
to  the  county  auditor,  who,  after  correcting  the  same,  if  found  incorrect, 
shall  issue  his  warrant  on  the  county  treasurer  in  favor  of  the  person  or 
persons  to  whom  such  costs  and  fees  are  due,  and  for  the  amount  due 
each  person. 

Sec  4ogr.  [Prima  facie  evidence  of  guilt.]  The  finding  of  any 
gun,  net,  seine,  trap,  or  other  device  set,  maintained,  or  in  use,  in  violation 
of  any  law  relating  to  the  protection  or  propagation  of  birds,  fish,  or 
game,  shall  be  prima  facie  evidence  of  the  guilt  of  the  person  owning, 
using  or  making  claim  to  the  same ;  and  the  finding  of  any  birds,  fish,  or 
game,  unlawfully  in  the  possession  of  any  person,  shall  be  prima  facie 
evidence  of  the  guilt  of  such  person. 

[Meaning  of  certain  words. J  Wherever  the  word  "person"  is 
used  in  any  law  relating  to  the  protection  of  birds,  fish,  or  game,  it  shall 
be  held  to  include  "company,"  "partnership,''  "association,"  "corporation," 
or  any  "officer,"  "agent"  or  "employe''  thereof ;  and  wherever  the  word 
"warden"  is  used,  it  shall  be  held  to  include  "chief  warden,*'  "special 
warden,"  "deputy  state  warden,"  "special  deputy  state  warden,"  or  any 
other  police  officer  charged  with  the  duty  of  enforcing  such  laws.  In 
every  case  of  conviction,  the  cost  of  prosecution,  and  of  condemnation 
shall,  in  addition  to  the  fine  imposed,  of  forfeiture  declared,  be  adjudged 
against  the  person  convicted,  or  the  owner  or  user  of  the  property  con- 
demned. The  word  "costs"  shall  be  held  to  include  the  fees  of  jurors, 
which  shall  be  one  dollar  per  day  for  each  juror.  Whenever,  upon  con- 
viction, the  person  convicted  fails  to  pay  the  fine  and  costs  imposed  upon 
him,  he  shall  be  committed  to  the  jail  of  the  county  or  to  some  workhouse 
and  shall  there  be  kept  confined  one  day  for  each  one  dollar  fine  and  costs 
adjudged  against  him,  and  he  shall  not  be  discharged  or  released  there- 
from by  any  board  or  officer,  except  upon  payment  of  the  portion  of  the 
fines  and  costs  remaining  unserved,  or  upon  the  order  of  the  commissio- 
ners of  fish  and  game. 

[Disposition  of  fines,  etc.]  All  fines,  penalties,  and  forfeitures 
arising  from  prosecutions,  convictions,  confiscations,  or  otherwise  (unless 
[otherwise]  directed  by  the  commissioners  of  fish  and  game)  shall  be  paid 
by  the  officer  before  whom  the  prosecution  is  had  or  by  whom  the  fine 
is  collected,  to  the  chief  warden,  and  by  him  paid  into  the  state  treasury 
to  the  credit  of  a  fund  which  is  hereby  appropriated  for  the  use  of  the 
commissioners. 


LAWS    RELATING    TO    AGRICULTURE. 


AGRICULTURAL    EXPERIMENT   STATION. 

(409-1)  [Agricultural  experiment  station.]  For  the  benefit  of 
the  interests  of  practical  and  scientific  agriculture,  and  for  the  develop- 
ment of  the  vast  agricultural  resources  of  the  state,  an  Ohio  agricul- 
tural experiment  station  is  established  as  hereinafter  provided. 

(409-2)  [Agricultural  experiment  station  appointed;  board  of 
control;  governor  ex-omcio  member  of  the  board.]  The  location, 
control  and  general  management  of  the  experiment  station  shall  be  sub- 
mitted to  a  board  of  control,  which  shall  consist  of  five  members,  three 
of  whom  shall  be  appointed  by  the  governor,  and  their  term  of  office 
shall  be  three  years  and  until  their  successors  are  duly  appointed  and 
qualified,  except  that  those  first  appointed  under  this  amended  law  shall 
hold  their  office  as  follows :  One  for  one  year,  one  for  two  years,  and 
one  for  three  years  from  date  of  appointment.  The  governor  of  the 
state  and  the  person  appointed  as  hereinafter  provided  to  be  director  of 
the  station,  shall  be  ex-ofncio  members  of  the  board  of  control,  and  to- 
gether with  the  three  members  appointed  by  the  governor  shall  consti- 
tute the  full  board  of  control. 

(409-3)  [When  board  to  be  called  together,  and  how  to  be  or- 
ganized.] The  board  of  control  shall  be  called  together  by  the  gov- 
ernor at  as  early  a  date  as  practicable,  and  shall  organize  by  the  elecT 
tion  of  a  president,  secretary  and  treasurer,  who  shall  hold  their  of- 
fices until  their  successors  are  elected.  Three  members  shall  constitute 
a  quorum. 

(409-4)  [Annual  meeting  of  the  board.]  .  The  board  of  control 
shall  hold  an  annual  meeting  at  the  date  of  the  annual  meeting  of  the 
state  board  of  agriculture  in  January,  and  other  meetings  at  the  call  of 
the  president,  at  such  times  and  places  as  shall  best  promote  the  objects 
of  the   station. 

(409-5)  [Board  of  control  required  to  locate  station,  appoint 
director,  and  make  rules  for  government;  board  of  control  to  make 
annual  report  to  governor.]  The  board  of  control  shall  locate  said 
station,  and  shall  appoint  a  competent  director,  who  shall  have  the  gen- 
eral management  and  oversight  of  the  experiments  and  investigations 
necessary  to  carry  out  the  objects  of  the  station.  The  said  board  shall 
also  make  such  rules,  by-laws  and  regulations  for  the  government  of 
the  station  and  its  work,  and  for  carrying  out  the  business  and  purposes 
of  the  station,  as  shall  be  necessary  and  proper  in  their  judgment.  It  shall 
also  make  an  annual  report  of  its  experiments  and  work  to  the  gov- 
ernor of  the  state,  and  the  same  shall  be  published  annually  in  the  Ohio 
agricultural  report,  and  five  thousand  copies  separate  in  pamphlet  form 
for  free  distribution,  and  the  pamphlet  copies  to  be  printed  and  paid  for 
the  same  as  other  public  printing. 

(409-6)  [Salary  of  the  director  and  expenses  of  members  of 
board  of  control.]  The  director's  salary  shall  be  fixed  by  the  board 
of  control  in  proportion  to  the  amount  of  service  required  and  per- 
formed, and  shall  be  paid  out  of  the  funds  appropriated  by  congress,  in 
such  installments  as  may  be  determined  by  them.  The  members  of  the 
board  of  control  shall  be  paid  their  actual  expenses  while  on  duty,  but 
aio  compensation  shall  be  allowed  them  for  time  or  services. 


LAWS    RELATING   TO   AGRICULTURE. 


FOOD    AND   DAIRY    COMMISSIONER. 


(409-7)  [Ohio  dairy  and  food  commissioner;  salary  and  ex- 
penses.] That  there  is  hereby  created  the  office  of  dairy  and  food 
commissioner  of  the  state  of  Ohio.  Said  commissioner  shall  be  elected 
at  the  general  election  held  on  the  first  Tuesday  after  the  first  Monday 
in  November,  A.  D.  one  thousand  eight  hundred  and  ninety-six.  He 
shall  take  his  office  on  the  first  Tuesday  following  the  fifteenth  day  of 
February  next  after  his  election,  and  shall  serve  for  two  years,  and 
until  his  successor  is  elected  and  qualified.  He  shall  be  charged  with 
the  enforcement  of  all  laws  against  fraud  and  adulteration  or  impurities 
in  foods,  drinks  or  drugs,  and  unlawful  labeling  in  the  state  of  Ohio. 
His  salary  shall  be  two  thousand  dollars  ($2,000)  _  per  year,  and  his 
necessary  and  reasonable  expense  incurred  in  the  discharge  of  his  of- 
ficial duties,  to  be  paid  in  monthly  installments  at  the  end  of  each  cal- 
endar month. 

(409-8)  [General  duties  of  himself  and  his  assistants.]  It 
shall  be  the  duty  of  said  commissioner  or  assistant  commissioner,  to 
inspect  any  articles  of  butter,  cheese,  lard,  syrup,  or  other  article  of 
food  or  drinks,  made  or  offered  for  sale  in  the  state  of  Ohic .  as  an 
article  of  food  or  drink,  and  to  prosecute  or  cause  to  be  prosecuted, 
any  person  or  persons,  firm  or  firms,  corporation  or  corporations,  en- 
gaged in  the  manufacture  or  sale  of  any  adulterated  article  or  articles 
of  food  or  drink,  or  adulterated  in  violation  of,  or  contrary  to  any  laws 
of  the  state  of  Ohio. 

(409-9)  [Powers;  prosecutions.]  The  said  commissioner,  or 
any  assistant  commissioner,  shall  have  power  in  the  performance  of 
their  duty,  to  enter  into  any  creamery,  factory,  store,  salesroom,  drug 
store  or  laboratory,  or  place  where  they  have  reason  to  believe  food  or 
drink  are  made,  prepared,  sold  or  offered  for  sale,  and  to  examine  their 
books,  and  to  open  any  cask,  tub,  jar,  bottle  or  package,  containing  or 
supposed  to  contain  any  article  of  food  or  drink,  and  examine  or  cause 
to  be  examined  and  analyzed  the  contents  thereof,  and  it  shall  be  the 
duty  of  any  prosecuting  attorney  in  any  county  of  the  state,  when  called 
upon  by  said  commissioner  or  assistant  commissioner,  to  render  him  any 
legal  assistance  in  his  power,  to  execute  the  laws,  and  to  assist  in  the 
prosecution  of  cases  arising  under  provisions  of  this  act. 

(409-10)  [Assistant  commissioners,  experts,  etc.;  expenses; 
office,  report,  etc.]  Said  commissioner  may  appoint  not  to  exceed 
two  assistant  commissioners,  whose  salaries  shall  be  one  thousand  dol- 
lars per  year,  and  necessary  traveling  expenses  incurred  in  the  discharge 
of  their  official  duties,  to  be  paid  in  like  manner  with  the  commissioner's 
and  on  itemized  vouchers  approved  by  said  commissioner ;  the  said  com- 
missioner shall  have  power  to  employ  such  experts,  chemists,  agents, 
inspectors  and  counsel  as  may  by  him  be  deemed  necessary  for  the 
proper  enforcement  of  the  laws,  their  compensation  to  be  fixed  by  the 
commissioner.  All  charges,  accounts  and  expenses  authorized  by  this 
act  shall  be  paid  out  of  the  state  treasury  upon  vouchers  certified  by 
the  commissioner,  and  upon  warrant  by  the  state  auditor.  The  entire 
expense  of  said  commissioner  shall  not  exceed  in  one  year  the  amount 
specifically  appropriated  for  such  purposes.  All  vacancies  in  the  office 
of  the  food  and  dairy  commissioner  shall  be  filled  by  appointment  of 
the  governor  until  the  next  general  election,  then  the  same  shall  be 
filled  as  in  the  original  election.     All  fines,  fees  and  costs  assessed  and 


10  L.UVS   RELATING   TO   AGRICULTURE. 

collected  under  prosecutions  begun,  or  caused  to  be  begun,  by  the 
commissioner,  and  all  fines,  fees  and  costs  heretofore  assessed  and  col- 
lected under  prosecution  begun  or  caused  to  be  begun  by  the  commis- 
sioners, shall  be  paid  by  the  court  to  the  commissioner,  and  by  him 
paid  into  the  state  treasury  and  be  credited  to  the  general  revenue  fund 
of  the  state.  The  center  room  on  the  north  side  of  the  southwest 
corridor  in  the  capitol  building,  now  occupied  by  the  dairy  and  food 
commissioner,  is  set  apart  for  his  use,  wherein  shall  be  kept  his  books, 
records,  and  other  property  of  the  office.  He  shall  keep  a  seal  with 
which  to  attest  official  acts  and  documents,  and  shall  be  entitled  to  sta- 
tionery and  supplies  from  the  secretary  of  state  as  are  other  state  of- 
ficers. The  commissioner  shall  make  an  annual  report  to  the  governor 
on  or  before  the  fifteenth  day  of  November  of  each  year,  containing 
itemized  statements  of  all  receipts  and  disbursements,  attorney  fees  in 
each  specified  suit  brought  in  this  department  and  all  persons  employed 
by  him,  together  with  such  statistics  and  other  matter  as  he  may  regard 
of  value ;  said  reports  to  be  published  as  are  the  other  reports  of  the 
other  state  officers. 

(409-13)  [Dairy  and  food  commissioner  to  give  bond.]  The 
Ohio  dairy  and  food  commissioner  before  entering  upon  the  discharge 
of  his  official  duties,  shall  give  bond  in  the  sum  of  five  thousand  dollars 
to  the  state,  with  two  or  more  sureties  to  the  acceptance  of  the  gov- 
ernor, conditioned  that  he  will  truly  account  for  and  apply  all  moneys 
or  other  property  which  may  come  into  his  hr::ds  in  his  official  capacity, 
and  for  the  faithful  performance  of  the  duties  of  his  office  as  the  same 
are  prescribed  by  law  ;  which  bond  with  his  oath  of  office  indorsed  thereon,, 
shall  be  filed  with  the  secretary  of  state. 

(409-14)  [Commissioner's  clerk.]  The  dairy  and  food  commis- 
sioner of  Ohio  be  and  is  hereby  authorized  to  employ  a  clerk  for  his 
office,  whose  compensation  shall  not  exceed  twelve  hundred  dollars  per 
annum,  the  same  to  be  paid  out  of  fines  collected  by  such  commissioner. 


FORESTRY    BUREAU. 


(409-15)  [State  forestry  bureau ;  appointment  and  terms  of  mem- 
bers.] There  be  and  hereby  is  established  at  the  state  university,  at 
Columbus,  Ohio,  a  central  office  for  the  promotion  of  forestry,  to  be 
entitled  the  state  forestry  bureau,  which  shall  consist  of  three  members, 
to  be  appointed  by  the  governor,  as  a  board  of  directors.  The  mem- 
bers of  the  board  of  directors  shall  be  commissioned  by  the  governor, 
and  be  duly  qualified  as  like  officers  of  the  state ;  one  of  three  directors 
shall  serve  for  six  years,  the  second  for  four  years  and  the  third  for 
two  years,  and  on  the  expiration  of  terms  of  service,  appointments  shall 
be  made  for  the  term  of  six  years. 

(409-16)  [Duties  of  the  bureau;  forestry  station;  appointment 
of  secretary;  expenses  of  bureau;  compensation.]  It  shall  be  the 
duty  of  said  state  forestry  bureau  to  thoroughly  inquire  into  the  char- 
acter and  extent  of  the  forests  of  the  state;  to  investigate  the  causes 
which  are  in  operation  to  produce  their  waste  or  decay ;  to  suggest  what 
legislation,  if  any,  may  be  necessary  for  the  development  of'  a  rational 
system  of  forestry,  adapted  to  the  wants  and  conditions  of  this  State, 
and  with  the  consent  of  the  trustees  of  the  Ohio  state  university,  the 
said  directors  may  establish  a  forestry  station  on  the  grounds  of  said 


LAWS   RELATING   TO   AGRICULTURE.  11. 

university.  The  directors  shall  select  one  of  their  number,  or  appoint 
a  qualified  person  as  secretary,  to  carry  out  the  plans  of  the  board,  who- 
shall  receive  such  compensation  for  his  services  as  shall  be  agreed  upon 
by  the  board;  provided,  that  all  expenses  incurred  under  this  act  shall 
not  exceed  the  amount  hereinafter  provided.  Said  directors  shall  serve 
without  compensation,  but  shall  be  allowed  their  necessary  expenses  in- 
curred in  discharge  of  the  duties  of  their  office. 

(409-17)  [Their  annual  report.]  This  bureau  shall  annualh 
make  a  report  to  the  governor,  which  shall  contain  the  results  of  the 
investigation,  together  with  such  other  information  as  the  board  may 
deem  necessary  for  the  promotion  of  forestry  in  this  state.  Five  thou- 
sand (5,000)  copies  of  this  report  are  to  be  printed  by  the  state,  two 
thousand  (2,000)  of  which  shall  be  distributed  by  this  bureau  of  forestry,, 
and  the  remainder  by  the  general  assembly. 

(409-18)      [Appropriation  for  their  expenses.]      There  is  hereby 
appropriated  for  the  ensuing  year,  for  the  maintenance  of  said  bureau,, 
the  sum  of  one  thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary,  for  the  purpose  of  meeting  the  actual  expenses  of  carrying  out" 
the  provisions  of  this  act. 

(409-19)      [Expenditures.]      No  money  shall  be  expended  except 
on  order  of  the  president  direct,  or  by  and  with  the  approval  of  the  board.. 


CROP    AND    STOCK    SERVICE. 

(409-35)  [Sec.  2.  [Crop  and  stock  service.]  There  shall  be 
and  is  hereby  established  in  the  state  of  Ohio,  to  be  under  the  super- 
vision of  the  secretary  of  agriculture,  a  crop  and  stock  service,  for  the 
purpose  of  collecting  crop  and  stock  statistics,  and  disseminating  them 
over  the  state ;  said  secretary  of  agriculture  shall  appoint  volunteer  crop 
correspondents,  receive  reports  from  them,  tabulate  the  same  for  per- 
manent record,  and  shall  issue  monthly  crop  and  stock  reports;  and  it 
shall  be  the  duty  of  the  state  printer  to  print  the  same  promptly  and 
without  delay  as  preferred  matter  for  distribution  from  the  department 
of  agriculture. 


BRIDGES. 

Sec.  860.  [Commissioners  shall  construct  and  repair  bridges, 
except,  etc.;  demand  of  portion  of  bridge  tax  in  Hamilton  Co.]  The 
commissioners  shall  construct  and  keep  in  repair  all  necessary  bridges 
over  streams  and  public  canals  on  all  state  and  county  roads,  free  turn- 
pikes, improved  roads,  abandoned  turnpikes  and .  plank  roads  in  com- 
mon public  use,  except  only  such  bridges  as  are  wholly  in  such  cities 
and  villages  having  by  law  the  right  to  demand,  and  do  demand  and 
receive  part  of  the  bridge  fund  levied  upon  property  within  the  same : 
and  when  they  do  not  demand  and  receive  said  portion  of  bridge  tax 
the  commissioners  shall  construct  and  keen  in  repair  all  bridges  in  such 
cities  and  villages.  Provided,  that  in  all  cases,  -except  counties  con- 
taining a  city  of  the  first  grade  of  the  first  class,  the  granting  of  the 
demand,  made  by  any  city  or  village  for  its  portion  of  the  bridge  tax, 
shall  be  optional  with  the  said  board  of  commissioners. 


12  LAWS   RELATING   TO   AGRICULTURE. 

Sec.  86i.  [The  approaches  to  such  bridges  shall  be  made  by 
the  commissioners,  except,  etc.]  The  commissioners  shall  also  con- 
struct and  keep  in  repair,  approaches  or  ways  to  all  bridges  named  in 
the  preceding  section,  except  as  therein  excepted,  and  also,  except  that 
when  the  cost  of  the  construction  or  repair  of  the  approaches  or  way  to 
any  such  bridge  does  not  exceed  fifty  dollars,  such  construction  or  re- 
pair shall  be  done  by  the  township  trustees. 

Sec.  862,  [Commissioners  of  two  or  more  counties  may  build 
bridges  near  county  line,  and  keep  them  in  repair  jointly.]  When  it 
becomes  necessary  for  the  public  convenience,  to  bridge  any  stream  of 
wrater  which  is  on  or  near  the  lines  of  two  or  more  counties,  which 
counties  are  traversed  by,  or  lie  on  or  near  the  road  or  roads  on  which 
such  bridge  is  needed,  the  commissioners  of  such  counties  interested,  may 
build,  or  authorize  the  building  of,  such  bridge,  jointly,  to  be  paid  for, 
with  the  approaches  thereto,  in  proportion  as  the  commissioners  agree ; 
and  the  expense  of  keeping  such  bridge  in  repair,  shall  be  paid  by  the 
counties  interested,  in  the  same  proportion  as  the  expense  of  building- 
such  bridge  was  paid  by  said  counties. 

Sec.  863.  [Commissioners  shall  bring  suits  in  certain  cases  for 
injuries  to  bridges,  roads,  and  buildings.]  Where  a  bridge  or  [on] 
any  state  or  county  road,  or  any  public  building,  the  property  of  or 
under  the  control  or  supervision  of  any  county,  is  injured  or  destroyed, 
or  when  any  state  or  county  road  or  public  highway  has  been  injured 
or  impaired  by  placing  or  continuing  therein,  without  lawful  authority, 
any  obstruction,  or  by  the  changing  of  the  line,  filling  up  or  digging 
out  of  the  bed  thereof,  or  in  any  manner  rendering  the  same  less  con- 
venient or  useful  than  it  had  been  previously,  by  any  person  or  corpora- 
tion, such  person  or  corporation  shall  be  subject  to  an  action  for  dam- 
ages; and  the  board  of  commissioners  of  the  proper  county  is  author- 
ized to  sue  for  and  recover  of  such  person  or  corporation  so  causing 
or  having  caused  such  injury  or  impairment,  such  damages  as  have 
accrued  by  reason  thereof,  or  such  as  are  necessary  to  remove  the  ob- 
struction or  repair  the  injury ;  but  in  case  the  county  commissioners 
shall  neglect,  fail  or  refuse  to  bring  such  action  for  ten  days  after  being 
petitioned  to  do  so  by  at  least  ten  owners  of  property  adjoining  such 
county  road  or  living  within  one  mile  of  such  bridge  or  public  build- 
ing, then  any  one  or  more  of  such  owners  of  property  shall  have  the 
right  and  are  hereby  authorized  to  bring  suit  in  the  name  of  the  prose- 
cuting attorney  of  the  county  in  which  such  property  is  situated,  and 
recover  of  such  person  or  corporation  so  causing  or  having  caused  such 
injury  or  impairment,  such  damages  as  have  accrued  by  reason  thereof, 
or  such  as  are  necessary  to  remove  the  obstruction  or  repair  the  injury ; 
and  the  money  so  recovered  shall,  when  so  collected  by  the  proper  officer, 
be  paid  into  the  treasury  of  the  proper  county  and  shall  be  appropriated 
by  the  commissioners  thereof  in  repairing  such  bridge,  building  or  road, 
or  removing  such  obstruction,  as  the  case  may  be,  or  to  reimburse  the 
county  for  expenditures  in  that  behalf;  the  court  may,  in  case  of  a  re- 
covery, make  such  order  as  is  deemed  necessary  to  repair  the  injury  or 
remove  the  obstruction  complained  cf ;  and  the  statute  of  limitations 
shall  not  run  in  favor  of  any  person  or  corporation  committing  any  acts, 
injuries  or  obstructions  concerning  any  such  road  or  public  highway. 

Sec.  864.  [A  bridge  to  replace  one  destroyed  may  be  located 
elsewhere.]  Tn  rebuilding  a  bridge  destroyed  or  injured  by  flood  or 
fire,  the  commissioners  may  select  a  new  site  for  the  bridge;  but  before 


LAWS   RELATING   TO   AGRICULTURE.  1& 

the  change  is  made,  or  any  contract  for  that  purpose  entered  into,  the 
commissioners  shall  give  at  least  twenty  days'  notice  of  the  time  when 
the  question  of  change  will  be  considered,  and  on  the  hearing,  all  persons- 
interested  may  present  their  views  and  wishes  to  the  board,  either  by  pe- 
tition, remonstrance,  or  orally. 

Sec.  865.      [Authority  for  straightening  creeks  or  watercourses.] 
The  commissioners  may  cause  any  creek  or  water-course  to  be  straightened 

^or  cleaned  out  for  the  protection  of  any  bridge  or  road  within  their 
control. 
Sec.  866.  [Petition  shall  be  first  filed  therefor,  and  what  it  shall', 
contain.]  Before  the  commissioners  proceed  to  straighten  or  clean 
out  any  creek  or  water-course,  there  must  be  filed  with  the  county  audi- 
tor of  such  county  a  petition,  signed  by  one  or  more  tax-payers  of  the 
county,  setting  forth  the  benefits  to  be  derived  from  straightening  or 
cleaning  out  said  creek  or  water-course,  the  starting  point  and  ter- 
minus, with  a  description  of  said  creek  or  water-course,  and  an  estimate 
of  costs  to  be  incurred  to  complete  the  work,  and  the  auditor  shall,  at 
the  next  regular  or  called  meeting  of  the  commissioners,  notify  them  of 
the  filing  of  the  petition. 

Sec  867.  [Viewer  shall  be  appointed,  who  shall  report.]  The 
commissioners  upon  receiving  said  petition  shall  forthwith  appoint  a 
competent  engineer,  resident  of  the  county,  who  shall  go  upon  the  line- 
of  said  creek  or  water-course,  and  examine  the  same  carefully,  and  make- 
his  report  to  the  county  auditor  in  writing,  stating  whether  he  deems  the* 
straightening  or  cleaning  out  of  said  creek  or  water-course,  will  be  bene- 
ficial for  the  protection  of  any  bridge,  state,  or  county  road,  or  other- 
road  in  control  of  the  commissioners,  and  if  so  an  estimate  of  the  amount 
of  money  required  to  perform  the  same. 

Sec  868.  [If  report  favorable,  work  shall  be  advertised  and  let: 
to  the  lowest  bidder,  who  shall  give  bond.]  At  the  first  regular  ses- 
sion after  receiving  the  report,  if  it  recommends  the  straightening  or 
cleaning  out  of  such  creek  or  water-course,  and  the  commissioners  deem, 
the  same  advisable,  they  shall  advertise  the  letting  of  the  work  at  least 
twenty  days,  and  let  the  same  to  the  lowest  responsible  bidder,  taking 
from  him  a  bond  in  a  sum  fixed  by  them,  payable  to  the  state,  with 
good  sureties,  for  the  performance  of  the  work  in  a  proper  manner,  and 
within  a  time  therein  named ;  but  no  bid  shall  be  accepted  that  exceeds 
the  estimated  cost  in  such  report;  and  the  commissioners  may  reject  air 
bids. 

Sec  869.  [Costs  and  expenses  shall  be  paid  out  of  bridge 
fund.]  All  costs  of  letting  the  work,  and  the  expense  of  the  work, 
and  other  expenses  in  this,  behalf,  shall  be  paid  out  of  tl  e  bridge  fund 
of  the  county,  when  the  work  is  accepted  and  approved  by  the  com- 
missioners, and  they  direct  the  payment. 


STATISTICS. 


Sec  1522.     [Statistics  to  be  gathered  and  returned  by  assessors.] 

The  assessor  shall,  annually,  at  the  time  of  taking  the  lists  of  personal 
property  for  taxation,  require  and  take  for  each  person,  company  and 
corporation  in  his  township  or  precinct  the  statements  following,  verified, 
by  oath,  for  the  preceding  year: 


34  LAWS   RELATING   TO   AGRICULTURE. 

AGRICULTURE. 

The  number  of  sheep  killed  by  dogs  and  their  value,  and  the  number  of 
^sheep  injured  by  dogs,  and  an  estimate  of  the  amount  of  damages  by  such 
injury;  the  number  of  acres  put  in  wheat,  rye,  barley,  corn,  oats,  and 
"buckwheat,  and  the  number  of  bushels  of  each  produced ;  the  number  of 
;  acres  in  timothy  and  other  grass,  except  clover,  and  the  number  of 
tons  of  grass  and  bushels  of  seed  produced  therefrom ;  the  number  of 
•  acres  in  clover,  the  number  of  tons  of  hay  made  therefrom,  the  num- 
ber of  bushels  of  seed  obtained  therefrom,  and  the  number  of  acres  of 
•clover  plowed  under  for  manure;  the  number  of  acres  planted  in  to- 
bacco, and  the  number  of  pounds  obtained  therefrom;  the  number  of 
acres  put  in  flax,  and  the  number  of  pounds  of  fiber  gathered,  and  the 
number  of  bushels  of  seed  obtained ;  the  number  of  acres  planted  in 
sorgo,  and  the  number  of  gallons  of  syrup  and  pounds  of  sugar  manu- 
factured ;  the  number  of  pounds  of  maple  sugar,  and  the  number  of 
:gallons  of  maple  syrup  manufactured ;  the  number  of  pounds,  each,  of 
'butter  and  cheese  manufactured;  the  number  of  acres  planted  in  po- 
tatoes, and  the  number  of  bushels  produced ;  the  number  of  acres  planted 
:in  sweet  potatoes,  and  the  number  of  bushels  produced ;  the  number  of 
•acres  in  vineyard,  the  number  of  acres  planted  within  the  year,  and  the 
number  of  pounds  of  grapes  gathered,  and  the  number  of  gallons  of  wine 
produced;  the  number  of  pounds  of  wool  shorn;  the  number  of  acres  in 
orchard,  and  the  number  of  bushels  of  apples,  peaches,  cherries,  plums, 
and  pears  produced;  the  number  of  acres  used  for  pasturage,  and  the 
number  of  acres  not  cultivated  or  pastured ;  the  number  of  hives  of  bees, 
rand  the  number  of  pounds  of  honey  produced ;  the  number  of  dozens  of 
eggs  shipped  to  places  beyond  the  state ;  also  the  number  of  acres  sowed, 
planted  or  to  be  sowed  or  planted  in  wheat,  rye,  barley,  oats,  corn,  and 
potatoes,  for  the  harvest  of  the  then  present  year. 

Sec.  1523.  [Return  of  statistics;  agricultural  statistics.]  The 
assessor  shall  make  return  of  all  the  preceding  statistics  to  the  county 
-auditor,  at  the  same  time  he  returns  the  lists  of  personal  property  for  tax- 
ation ;  and  the  county  auditor  shall  make  return  to  the  auditor  of  state 
on  or  before  the  first  day  of  August,  annually,  of  all  statistics  returned 
to  his  office,  except  those  statistics  under  the  head  of  "agriculture"  (Sec. 
1522,  R.  S.),  which  he  shall  return  to  the  secretary  of  the  state  board  of 
agriculture,  on  or  *be fore  the  tenth  day  of  July,  annually,  and  said  secre- 
tary of  agriculture  shall  compile  and  publish  the  same  in  the  monthly 
crop  and  stock  bulletins  and  annual  report  issued  by  the  state  department 
•of  agriculture. 

LABOR  UPON    HIGHWAYS. 

( 2664-4)  Sec.  4.  [Labor  upon  highways  within  road  district; 
■who  liable;  exemptions.]  All  male  persons  between  the  age  of  twen- 
ty-one and  fifty-five  years,  able  to  perform  or  cause  to  be  performed 
the  labor  herein  required,  except  every  honorably  discharged  soldier  who 
served  in  the  TJnited  States  army  during  the  actual  war,  pensioners  of  the 
United  States  .government,  acting  and  contributing  members  of  com- 
panies, troops  mid  batteries  of  the  Ohio  national  guard  during  their 
membership,  and  any  person  who  is  a  member  of  any  fire  engine,  hook 
and  ladder,  hose,  or  other  company,  for  the  extinguishment  of  fire  or 
the  protection  of  property  at  fires,  under  the  control  of  the  corporate 
authorities  of  any  municipal  corporation,  and  who  receives  no  pay  for 
such  -services  during  the  time  he  may  continue  an  acting  member  of  such 


LAWS    RELATING   TO    AGRICULTURE.  15 

-company,  shall  be  liable  annually,  to  perform  two  days'  labor  on  the 
highways,  under  the  direction  of  the  road  supervisor  of  the  road  district 
in  which  he  resides. 

(2664-5)  Sec.  5  [Commutation.]  But  if  a  person,  being 
warned  as  hereinafter  provided,  pay  to  the  supervisor  in  whose  district 
lie  resides  the  sum  of  three  dollars  ($3.00)  within  three  days  after  be- 
ing notified  by  the  supervisor,  the  same  shall  be  received  in  lieirof  t be 
two  days'  labor,  and  shall  be  applied  by  the  supervisor  to  the  improve- 
ment of  the  roads  in  his  district,  and  accounted  for  as  herein  provided. 

(2664-6)  Sec.  6  [Ordering  out  of  persons  liable;  penalty.] 
Each  supervisor  shall  order  out  every  such  person  resident  in  his  district  be- 
tween the  fifteenth  day  of  April  and  the  first  day  of  July  annually,  and 
direct  him  to  do  and  perform  the  work  aforesaid  on  the  public  roads 
within  the  district ;  the  order  shall  be  given  to  each  person  at  least  two 
days  prior  for  the  performance  of  the  labor,  either  personally,  or  by 
written  notice  left  at  his  usual  place  of  abode ;  and  if  any  person  so 
notified  who  is  liable  to  perform  such  labor,  refuses  or  neglects  to  at- 
tend, by  himself  or  substitute,  to  the  acceptance  of  the  supervisor,  or 
having  attended,  refused  to  obey  the  directions  of  the  supervisor,  or 
spend  the  time  in  idleness  or  inattention  to  the  duties  assigned  him,  he 
shall  forfeit  and  pay  the  sum  of  one  dollar  for  every  such  offense,  and 
shall  further  be  liable  in  all  cases  of  non-attendance,  to  the  amount  al- 
lowed for  two  days'  work,  to  be  recovered  by  action  before  a  justice 
of  the  peace  of  the  proper  township,  at  the  suit  of  the  supervisor  within 
whose  district  he  resides  ;  and  the  money  so  collected  shall  be  applied 
"by  the  supervisor  to  the  improvement  of  roads  in  his  district,  and  ac- 
counted for  by  him  at  the  annual  settlement  with  the  trustees  of  his 
township. 

(2664-7)  Sec.  7.  [Non-exemption  against  execution;  costs  i 
certain  case.]  The  defendant  shall  not  be  entitled  to  any  exempt'or 
under  any  of  the  laws  of  this  state  against  execution  issued  on  anv 
judgment  and  the  costs  incurred  by  said  supervisor  in  any  suit  brought 
under  this  act,  when  the  same  can  not  be  collected  from  the  defendant, 
shall  be  paid  by  the  trustees  out  of  the  township  fund. 

(2664-8)  Sec  8.  [Non-release  by  neglect  to  order  out;  direc- 
tions governing  time  of  performance.]  No  person  shall  be  released 
from  performance  of  labor  on  the  public  highway  by  reason  of  neglect 
of  any  supervisor  to  order  him  out  on  or  before  the  first  day  of  July ; 
but  if  the  trustees  of  any  township,  or  any  two  of  them,  within  three 
days  after  the  election  and  qualification  of  any  supervisor  within  their 
township,  direct  him  in  writing  to  defer  any  portion  of  the  work  to  a 
date  not  later  than  the  first  of  November,  then  the  supervisor  shall  be 
governed  by  the  directions  so  given  as  to  the  time  the  labor  shall  be 
performed. 

(2664-9)  Sec  9.  [Production  or  non-production  of  certificate 
in  case  of  removal.]  If  a  person  remove [d]  from  one  district  to  an- 
other between  the  first  day  of  April  and  the  fifteenth  day  of  November 
who  has  prior  to  such  removal,  performed  the  whole  or  any  part  of  the 
labor  aforesaid,  or  in  any  other  way  has  paid  the  whole  or  anv  part  of 
the  amount  aforesaid  in  lieu  of  such  labor,  and  produce  a  certificate  of 
the  same  from  the  supervisor  of  the  proper  district,  such  certificate 
shall  be  a  complete  discharge  for  the  amount  therein  specified ;  but 
without  producing  such  certificate  he  shall  be  required  to  perform  two 


16  LAWS    RELATING   TO    AGRICULTURE. 

days'  labor,  or  such  part  thereof  as  he  has  not  performed  under  the 
direction  of  the  supervisor. 

(2664-10)  Sec.  10.  [Appearance  with  required  implements,. 
etc.]  Any  person  called  upon  to  perform  labor  upon  the  public  roads 
and  highways  under  any  provision  of  this  chapter  shall  by  himself  or 
substitute,  appear  at  the  place  appointed  by  the  supervisor  at  the  hour 
of  seven  o'clock  in  the  forenoon  with  such  necessary  tools  and  imple- 
ments as  the  supervisor  may  direct;  and  the  supervisor  may,  if  neces- 
sary for  the  improvement  of  the  road,  require  any  person  owning  the 
same  to  furnish  a  team  of  horses,  mules,  or  oxen,  and  wagon,  cart,  plow, 
or  scraper,  to  be  employed  and  used  on  the  roads  under  the  direction  of 
the  supervisor. 

(2664-11)  Sec.  11.  [Residence.]  For  the  purpose  provided 
for  in  the  preceding  sections;  the  residence  of  any  person  who  has  a 
family  shall  be  held  to  be  where  his  family  resides,  and  the  residence  of 
any  (other)  person  shall  be  held  to  be  where  he  boards  in  any  road  district. 

(2664-12)  Sec.  12.  [Collection  of  fines,  etc.]  Supervisors  with- 
in their  respective  districts,  shall  collect,  by  suit  or  otherwise,  all  fines, 
forfeitures,  and  penalties  arising  and  accruing  under  the  provisions  of 
this  chapter,  unless  the  collection  thereof  is  otherwise  herein  provided  for ; 
and  they  are  hereby  required  before  their  settlement  with  the  township  trus- 
tees, to  prosecute  a  [to]  final  judgment  all  persons  neglecting  or  re- 
fusing to  comply  with  the  provisions  of  this  chapter,  from  whom  such 
fine,  forfeiture,  or  penalty,  in  the  opinion  of  the  supervisor,  can  be  col- 
lected by  execution ;  and  the  judgments,  if  not  paid  together  with  the 
costs  thereon,  shall  remain  and  be  in  force  against  the  judgment  debtor, 
as  other  judgments  at  law.  And  the  costs  incurred  by  any  supervisor  in 
any  suit  brought  under  this  chapter,  when  the  same  is  not  collected  from 
the  defendant,  shall  be  paid  by  the  trustees  of  the  township  out  of  the 
township  fund. 

(2664-13)  Sec.  13.  [Expenditures  and  accounts;  list  of  those 
ordered  out  and  those  delinquent ;  disposition  of  recovered  fines,  etc. ; 
money  on  hand;  unpaid  judgments;  order  as  to  prosecutions.]  Su- 
pervisors shall  expend  all  money  by  them  collected,  and  all  other  sums 
that  come  under  his  supervision  as  supervisor  shall  be  applied  on  the 
public  highway  in  their  respective  road  districts  at  the  rate  not  to  exceed 
$1.50  per  day  for  day  labor,  and  $3.00  per  day  for  teams,  unless  other- 
wise ordered  by  the  township  trustees,  for  the  benefit  of  the  roads  and 
highways  in  their  respective  districts  and  every  supervisor  shall  account 
to  the  trustees  of  the  township,  at  the  annual  settlement,  for  all  money 
expended  under  this  chapter;  and  they  shall  also  return  a  full  and  true 
list  and  statement  of  the  name  of  all  persons  within  their  respective  dis- 
tricts who  have  been  ordered  out  to  perform  the  two  days'  labor  as  re- 
quired herein,  and  those  who  have  refused  or  neglected  to  perform  the 
same;  and  all  fines  and  forfeitures  sued  for  and  recovered  under  the 
provisions  of  this  chapter,  shall  be  paid  by  the  justice  of  the  peace  or 
constable  collecting  the  same  on  demand,  to  the  supervisor  of  the  road 
district  wherein  the  fine  or  forfeiture  accrued,  and  the  supervisors  shall 
aiso  render  an  account  to  the  trustees  at  the  annual  settlement  of  all 
money  that  remains  in  their  hands  at  the  time  of  settlement,  and  all 
judgments  that  remain  unpaid  and  the  name  of  the  judgment  debtor, 
and  tli-  justice  before  whom  such  judgments  were  obtained  with  the 
amount  :iierenf ;  and  the  trustees  shall  make  such  order  as  to  the  prose- 
cution of  suits  by  the  supervisors  of  the  proper  districts,  against  such 


LAWS    RELATING   TO   AGRICULTURE.  17 

;linquents,  as  in  the  judgment  of  the  trustees  the  interest  of  the  town- 
ship may  require. 

(2664-14)  Sec.  14.  [Transfer  of  money;  receipt;  executions  on 
unpaid  judgments;  expenditure  of  proceeds.]  All  money  that  may 
remain  in  the  hands  of  the  supervisor  at  the  time  of  the  annual  settle- 
ment with  the  township  trustees  shall  be  paid  to  his  successor  _Ln  .office 
as  soon  as  such  successor  is  elected  and  qualified,  and  a  receipt  taken 
therefor,  and  he  shall  deposit  the  receipt  with  the  township  clerk;  and 
any  supervisor  may  sue  out  executions  on  any  judgments  that  remain 
unpaid  within  his  district,  at  any  time  when,  in  his  opinion,  the  same 
can  be  collected,  and  the  money  so  received  and  collected,  shall  be  ex- 
pended as  provided  in  the  foregoing  sections. 


COUNTY   TAXES. 


Sec.  2822.  [Commissioners  to  determine  anuually  amount  to  be 
levied,  and  amount  for  each  purpose.]  The  county  commissioners 
shall,  at  their  March  or  June  session,  annually,  determine  on  the  amount 
to  be  raised  for  ordinary  county  purposes,  for  public  buildings,  for  the 
support  of  the  poor,  and  for  interest  and  principal  of  the  public  debt, 
and  for  road  and  bridge  purposes  ;  and  they  shall  set  forth  in  the  record 
of  their  proceedings  specifically  the  amount  to  be  raised  for  each  of 
said  purposes. 

Sec.  2822-1.  [Levy  for  "state  and  county  road  improvement 
fund."]  The  county  commissioners  at  their  March  or  June  session 
annually,  in  addition  to  the  levy  authorized  for  road  and  bridge  pur- 
poses may  levy  on  each  dollar  of  valuation  of  taxable  property  within 
their  county  not  to  exceed  five-tenths  (t5q)  of  a  mill  for  the  creation 
of  a  fund  to  be  known  as  the  state  and  county  road  improvement  fund, 
and  to  be  used  for  the  improvement  of  state  and  county  roads  in  the 
county. 

Sec.  2822-2.  I  Improvement  of  State  and  county  roads.]  The 
county  commissioners  of  such  counties  as  shall  make  such  levy,  shall 
have  power  to  improve  any  state  or  county  road,  or  any  part  thereof, 
by  grading,  draining,  curbing,  improving  and  paving  the  same  with 
-stone,  brick  or  other  suitable  material,  or  with  a  combination  of  any 
or  all  of  these  materials,  graveling,  planking  or  macadamizing  the  same, 
and  shall  use  the  funds  realized  from  such  levy  for  that  purpose ; 

[Petition  of  abutting  landowners  necessary.]  Provided,  how- 
ever, that  no  such  improvement  shall  be  made  until  the  owners  of  at 
least  a  majority  of  the  foot  frontage  of  the  land  abutting  on  said  road 
or  part  thereof  shall  petition  therefor, 

[Cost]  And  the  county  commissioners  shall  assess  one-fourth 
of  the  cost  and  expense  thereof  on  said  abutting  land,  and  provided, 
however,  that  not  to  exceed  ten  percentum  of  the  said  levy  may  be  used 
for  making  sidewalks  or  bicycle  paths. 

[Sec]  2822-3.  [Surveys,  profiles,  estimates  and  specifications.]  j 
When  the  commissioners  determine  to  make  any  such  improvement,  ' 
they  shall  direct  and  employ  the  county  surveyor  to  make  all  necessary 
surveys,  profiles,  estimates,  and  specifications,  and  submit  the  same  to 
them  for  their  approval,  and  the  same  shall  be  filed  and  preserved  in 
their  office,  and  the  county  surveyor  shall  receive  as  compensation  for 
his  services,  the  same  compensation  as  is  provided  in  section  4664. 

2      F.   H.   B. 


18  LAWS    RELATING   TO    AGRICULTURE. 

[Sec]  2822-4.  [Bids;  letting  of  contract.]  Upon  the  approval 
of  said  surveys,  profiles,  estimates  and  specifications,  the  commissioners 
of  said  county  shall  advertise  for  bids  in  some  newspaper  of  general 
circulation  in  the  county,  for  a  period  of  three  weeks,  and  shall  let  the 
contract  for  making  such  improvement  to  the  lowest  and  best  bidder 
or  bidders,  who  shall  give  such  reasonable  security  for  the  proper  per- 
formance of  their  contract  within  the  time  and  in  the  manner  prescribed 
therein,  as  the  county  commissioners  shall  require.  But  when  the  esti- 
mated cost  of  any  improvement  does  not  exceed  five  hundred  ($500) 
dollars,  the  same  may  be  let  without  publication  in  a  newspaper  as  herein 
requited. 

Sec.  2824.  [Levy  of  taxes  for  county  road  and  bridge  purposes.] 
The  commissioners,  at  their  March  or  June  sessions,  annually,  may  levy 
on  each  dollar  of  valuation  of  taxable  property  within  their  county,  for 
road  and  bridge  purposes,  as  follows:  In  a  county  where  the  valuation 
of  taxable  property  exceeds  eighty  millions  and  "does  not  exceed  one 
hundred  and  twenty  millions  dollars,  five-tenths  of  a  mill ;  where  the 
amount  exceeds  fifty  millions  and  does  not  exceed  eighty  millions, 
seven-tenths  of  a  mill ;  where  the  amount  exceeds  twenty  millions  and 
does  not  exceed  fifty  millions  of  dollars,  one  mill  and  one-tenth ;  where 
the  amount  exceeds  ten  millions  and  does  not  exceed  twenty  millions 
of  dollars,  one  mill  and  five-tenths ;  where  the  amount  exceeds  five  mil- 
lions and  does  not  exceed  ten  millions  of  dollars,  three  mills ;  and  where 
Ihe  amount  is  less  than  five  millions  of  dollars,  five  mills  and  five-tenths ; 
and  of  the  tax  so  levied,  the  commissioners  shall  set  apart  such  portion, 
as  they  may  deem  proper,  to  be  applied  to  the  building  and  repair  of 
bridges,  which  portion  so  set  apart  shall  be  called  a  bridge  fund,  and 
•shall  be  entered  on  the  duplicate  in  a  separate  column,  and  shall  be 
•collected  in  money,  and  expended,  except  as  may  be  otherwise  pro- 
vided by  law,  under  the  directions  of  the  commissioners  in  building 
"bridges  and  culverts,  or  in  repairing  the  same ; 

[Hamilton  county.]  Provided,  that  in  any  county  containing  a 
city  of  the  first  grade  of  the  first  class,  where  the  valuation  of  taxable 
property  exceeds  two  hundred  millions  of  dollars,  the  commissioners 
of  said  county  may  levy  on  each  dollar  of  valuation  of  taxable  property 
within  said  county,  for  bridge  purposes  exclusively,  not  to  exceed  one- 
half  of  a  mill,  which  shall  be  collected  in  money  and  placed  by  the  auditor' 
to  the  credit  •  of  the  bridge  fund  of  the  county,  and  the  same  shall  be 
expended  by  the  commissioners  in  building  bridges  and  culverts,  and 
in  repairing  and  making  fills  and  approaches  to  the  same  in  the  town- 
ships outside  of  the  corporate  limits  of  said  city,  and  for  no  other  pur- 
pose whatever ; 

[Payment  to  Cincinnati.]  Except  that  a  portion  of  said  fund 
•collected  in  the  said  county,  amounting  to  not  less  than  a  levy  of  one- 
sixth  of  a  mill  on  each  dollar  of  valuation  of  the  taxable  property  within 
said  county  in  all  cases  where  the  board  of  legislation  of  said  city  of  the 
first  grade  of  the  first  class  shall  demand  it,  shall  be  paid  into  the  city 
treasury  of  said  city  and  shall  be  expended  by  the  board  of  adminis- 
tration of  said  city,  for  the  purpose  of  building  and  repairing  of  bridges 
within  the  corporate  limits  of  the  same ; 

[Special  tax  to  restore  important  bridge.]  Provided,  further, 
-that  in  case  an  important  bridge  belonging  to  or  maintained  by  any 
county  has  been  or  shall  be  destroyed  or  become  dangerous  to  public 
iravel  by  decay  or  otherwise,   and  the  restoration  thereof  is   deemed 


LAWS   RELATING   TO   AGRICULTURE.  19 

necessary  for  public  accommodation,  the  commissioners  may  levy  a 
special  tax  for  that  purpose,  not  exceeding  one  mill  and  five-tenths, 
the  proceeds  of  which  shall  be  applied  solely  to  such  restoration ; 

[Anticipation  thereof.]  And  the  commissioners  may  anticipate 
the  collection  of  such  special  tax  by  borrowing  any  sum  not  exceeding 
the  amount  so  specially  levied  or  to  be  levied,  at  any  rate  of  interest 
not  exceeding  six  percentum,  and  issue  notes  or  bonds  therefor,  pay- 
able upon  the  collection  of  such  special  tax ; 

[Cleveland  and  cities  of  second  class.]  Provided,  further,  that  in 
all  cities  of  the  second  grade  of  the  first  class,  and  all  cities  of  the  second 
class  one-half  of  the  proportion  of  said  bridge  fund  collected  upon  the 
property  within  said  cities,  in  all  cases  where  the  city  council  shall 
demand'  it,  shall  be  paid  into  the  city  treasury,  and  shall  be  expended 
by  such  city  for  the  purpose  of  building  and  repairing  bridges ; 

[Marietta.]  And  provided  further,  that  in  cities  having  at  the 
last  federal  census,  or  at  any  subsequent  federal  census  a  population  of 
8,273,  the  whole  of  the  proportion  of  said  bridge  fund  collected  upon 
the  property  within  said  city  shall  upon  demand  of  the  council  of  said 
city  therefore  be  paid  into  the  treasury  of  said  city,  and  shall  be  ex- 
pended by  said  city  for  the  purpose  of  building  and  maintaining  bridges 
therein; 

[Montgomery  county.]  Provided  further,  that  the  commission- 
ers of  Montgomery  county  shall  levy  not  exceeding  one  mill  and  six- 
tenths  for  road  and  bridge  purposes,  and  that  said  levy  shall  only  be 
on  property  subject  to  taxation  outside  the  city  of  Dayton,  and  the 
proceeds  of  such  levy  shall  be  applied  exclusively  to  roads  and  bridges 
outside  of  said  city ; 

[Dayton.]  And  the  council  of  said  city  may  annually  levy  on 
the  taxable  property  within  the  same,  for  bridge  purposes,  a  tax  of  one 
mill  and  one-tenth  in  addition  to  the  total  aggregate  of  taxation  now 
authorized  by  said  council,  to  be  expended  for  building  and  repairing 
bridges  within  said  city ; 

[Trumbull  county.]  And  provided  further,  that  the  commis- 
sioners of  Trumbull  county  may  levy  not  to  exceed  the  rate  allowed  by 
law  for  road  and  bridge  purposes,  and  that  said  levy  shall  only  be  on 
property  subject  to  taxation  outside  of  the  city  of  Warren,  and  the 
proceeds  of  such  levy  shall  be  applied  to  road  and  bridge  purposes 
exclusively  outside  of  said  city ; 

[Warren.]  And  the  council  of  said  city  may  annually  levy  on 
each  dollar  of  valuation  of  taxable  property  within  said  city  for  bridge 
purposes,  one  and  five-tenths  of  a  mill,  in  addition  to  the  total  aggregate 
of  taxation  now  or  hereafter  authorized  by  law,  to  be  expended  for  build- 
ing and  repairing  bridges  within  said  city ;  except  that  in  the  event  that 
the  commissioners  of  the  county  transfer  from  the  road  and  bridge  fund 
to  some  other  fund,  the  whole  or  some  part  of  the  six-tenths  of  a  mill 
as  now  allowed  by  law,  the  council  of  said  city  shall  make  a  like  transfer 
to  the  same  county  fund  ;  and  the  council  of  said  city  may  anticipate 
the  whole  or  some  part  of  the  annual  levy  for  said  purposes  for  the 
period  of  ten  years  or  less,  by  borrowing  a  sum,  not  exceeding  twenty 
thousand  dollars,  at  a  rate  of  interest  not  exceeding  six  percentum,  and 
issue  bonds  therefor,  payable  on  the  collection  of  said  tax. 

[Expiration  of  proviso.]  Said  last  proviso  relating  to  the  city 
of  Warren  in  said  Trumbull  county  shall  expire  by  limitation  after  twelve 


20  LAW'S    RELATING    TO    AGRICULTURE. 

years  from  the  time  it  becomes  a  law,  and  said  city  shall  again  become 
a  part  of  the  county  for  bridge  purposes  under  the  general  law  ; 

[Holmes  county.]  Provided  further,  that  the  commissioners  of 
Holmes  county  at  their  March  or  June  sessions  shall  levy  on  all  the 
taxable  property  of  said  county,  the  amount  now  authorized  by  law  for 
road  and  bridge  purposes  to  be  used  on  roads  and  bridges,  and  the 
commissioners  of  Holmes  county  may  turn  over  such  portion  of  the 
taxes  so  raised  for  roads  and  bridges  on  the  taxable  property  in  said 
incorporated  village  of  Millersburg,  said  county,  to  the  council  of  said 
incorporated  village  for  road  and  bridge  purposes  as  they  may  deem 
proper,  and  the  commissioners  of  said  county  on  the  demand  of  said 
council  of  the  incorporated  village  of  Millersburg  shall  turn  over  to  the 
treasury  of  said  village  the  pro  rata  share  of  the  taxes  levied  in  1899. 


TOWNSHIP    TAXES. 


Sec.  2827.  [When  and  how  made.]  The  trustees  of  each  town- 
ship shall,  on  or  before  the  fifteenth  day  of  May,  annually,  determine  the 
amount  of  taxes  necessary  for  all  township  purposes,  and  certify  the 
same  to  the  county  auditor ;  and  there  shall  be  levied  annually,  by  the 
county  auditor,  for  township  purposes,  including  the  relief  of  the  poor, 
but  not  including  the  support  of  common  schools,  or  the  payment  of 
the  interest  and  principal  of  the  debts  of  the  township,  such  rates  of 
taxes  as  the  trustees  of  the  respective  townships  may  certify  to  the 
county  auditors  to  be  necessary,  not  exceeding  one  mill  on  each  dollar 
of  the  taxable  valuation  of  the  property  of  the  township,  which  does  not 
exceed  two  hundred  thousand  dollars,  and  eight-tenths  of  one  mill  on 
each  dollar  of  such  taxable  valuation  exceeding  two  hundred  thousand 
dollars,  and  not  exceeding  three  hundred  thousand  dollars  ;  and  one- 
half  of  one  mill  on  each  dollar  of  such  taxable  valuation  exceeding  three 
hundred  thousand  dollars,  and  not  exceeding  five  hundred  thousand 
dollars  ;  and  four-tenths  of  a  mill  on  each  dollar  of  such  taxable  valua- 
tion exceeding  five  hundred  thousand  dollars,  and  not  exceeding  eight 
hundred  thousand  dollars;  and  one-fourth  of  ore  mill  on  each  dollar 
of  such  taxable  valuation  exceeding  eight  hundred  thousand  dollars ; 
and  for  the  payment  of  the  interest  and  principal  of  the  debts  of  the 
township,  such  sum  as  the  trustees  may  determine  is  necessary  for  that 
purpose  ;  provided,  that  in  counties  where  there  are  no  countv  infirma- 
ries, a  further  township  tax,  not  exceeding  one  mill  and  five-tenths  of 
a  mill  on  each  dollar  of  the  taxable  property  of  the  township,  may  be 
levied  for  the  relief  of  the  poor,  to  be  applied  solely  to  that  purpose. 

(2827-1)  [Authorizing  trustees  of  certain  townships  to  levy  a 
road  tax.  I  The  trustees  of  townships  having  a  population,  at  the  last 
federal  census,  of  not  more  than  2,116,  nor  less  than  2,112,  be  and  are 
hereby  authorized  and  empowered,  in  addition  to  the  two  davs'  labor,  to 
determine  a  percentnm,  to  be  levied  for  road  purposes,  upon  each  dollar 
of  valuation  of  the  taxable  property  of  their  respective  townships,  ex- 
clusive of  any  incorporated  village,  as  follows  :  Tn  townships  having  a 
valuation  of  taxable  property  of  one  million  dollars  and  over,  not  ex- 
r -edin?-  two  mills  on  each  dollar;  in  townships  having  a  valuation  of 
less  than  one  million,  and  more  than  five  hundred  thousand  dollars, 
an v  rate  not  exceeding  three  mills  on  each  dollar;  and  in  townships 
having  less  than  five  hundred  thousand  dollars  valuation,  anv  rate  not 


LAWS    RELATING   TO   AGRICULTURE.  21 

exceeding  four  mills  on  each  dollar ;  and  said  trustees  shall  certify  the 
same  to  the  county  auditor,  in  writing,  on  or  before  the  15th  of  May 
of  each  year;  and  the  county  auditor  shall  assess  the  same  on  all  the 
taxable  property  in  said  township,  exclusive  of  any  incorporated  village, 
and  the  same  shall  be  collected,  one-half  in  the  December  installment, 
and  one-half  in  the  June  installment,  by  the  county  treasurer,  and  paid 
over  by  him  to  the  treasurer  of  the  township  from  which  said  taxes 
were  collected,  the  same  to  be  expended  for  the  improvement  of  roads 
in  the  township  where  collected  ;  but  nothing  in  this  act  shall  prevent 
the  working  out  of  all  or  a  part  of  this  tax,  by  any  person  so  assessed, 
who  desires  so  to  do.  The  amount  of  work  so  performed  shall  be  certi- 
fied to  by  the  road  supervisor,  and  such  receipt  shall  be  received  by  the 
countv  treasurer  in  part  payment  of  the  December  tax. 

Six .  2828.  [Township  liabilities  for  the  relief  of  the  poor.]  The 
trustees  of  any  township  which  has  incurred,  or  may  hereafter  incur, 
liabilities  for  the  relief  of  the  poor,  beyond  the  amount  raised  by  the 
levy  now  authorized,  shall  have  power  to  make  an  additional  levy,  for 
the  purpose  of  discharging  such  liabilities,  not  exceeding  six-tenths  of 
one  mill  on  the  dollar  of  the  taxable  property  of  such  township. 

Six.  2830.  [Labor  on  public  highways;  county  treasurer  shall 
receive  certificates  as  money  for  road  tax;  money  or  labor;  when 
paid  in  labor ;  when  labor  to  be  performed ;  expenditure  of  road  fund ; 
time  for  payment  of  road  tax  extended  in  certain  counties.]  Any 
person  charged  with  a  road  tax  may  discharge  the  same  by  labor  on  the 
public  highways,  within  the  proper  time  at  the  rate  of  one  dollar  and 
fifty  cents  per  day  and  a  ratable  allowance  per  day  for  any  team  and 
implements  furnished  by  any  person  under  the  direction  of  the  supervisor 
of  the  proper  district,  who  shall  give  to  such  person  a  certificate  speci- 
fying the  amount  of  tax  so  paid  and  the  district  and  township  wherein 
such  labor  was  performed  which  certificate  shall  in  no  case  be  given 
for  any  greater  sum  than  the  tax  charged  against  such  person;  and 
the  county  treasurer  shall  receive  all  such  certificates  as  money  in  the  dis- 
charge of  said  road  tax  ;  provided,  that  when  the  commissioners  of  any 
county  so  direct  the  supervisor  shall  write  on  the  margin  of  his  lists,  oppo- 
site to  the  amount  charged  against  all  such  as  may  pay  the  same  by 
money  or  labor  the  word  "Paid,"  and  shall  return  his  list,  on  or  before 
the  fifth  day  of  September  in  the  year  in  which  levied  to  the  township 
clerk,  who  shall  write  on  the  margin  of  the  list  sent  him  by  the  auditor, 
•opposite  to  the  amount  charged  against  each  person  who  may  have  paid 
the  same  in  labor  or  money  as  shown  by  the  return  of  the  supervisor,  the 
word  "Paid"  and  shall  forthwith  forward  the  same  to  the  county  auditor 
who  shall  charge  all  such  as  may  remain  unpaid  as  shown  by  the  town- 
ship clerk  upon  the  duplicate  of  the  proper  county,  and  the  same  shall  be 
collected  as  other  moneys  are  collected  in  the  December  installment  by 
the  county  treasurer.  When  such  road  tax  is  paid  in  labor  such  labor 
shall  be  performed  before  the  first  day  of  September  in  the  year  in 
which  levied.  All  road  taxes  collected  by  the  county  treasurer  shall  be 
paid  over  to  the  treasurer  of  the  township  or  municipal  corporation  from 
which  the  same  were  collected,  and  shall  be  expended  on  the  public  roads, 
and  in  building  and  repairing  bridges  in  the  township  and  municipal  cor- 
poration from  which  the  taxes  were  collected,  under  the  direction  of  the 
trustees  of  the  proper  township  or  council  of  such  municipal  corporation  ; 
and  all  funds  heretofore  levied  for  road  purposes  and  not  expended,  shall 


22  LAWS   RELATING   TO   AGRICULTURE. 

be  expended  by  the  trustees  of  the  township  or  council  of  the  municipal 
corporation  from  which  the  same  were  collected,  as  other  taxes  collected 
under  the  provisions  of  this  title :  provided  that  in  all  counties  containing 
either  graveled  roads  or  free  turnpikes,  or  both,  except  Shelby  and  Allen 
counties  the  time  for  the  payment  of  the  road  tax  in  labor  on  such  roads 
may  extend  to  the  fifteenth  of  October  of  the  year  in  which  the  same  is 
levied,  but  on  all  other  roads  in  such  counties  the  labor  shall  be  performed 
before  the  fifteenth  of . September ;  and  the  supervisors  in  such  counties 
shall  return  their  lists  as  provided  for  in  this  section,  before  the  twenty- 
fifth  of  October  of  the  year  in  which  the  tax  was  levied. 

Sec.  2831.  [Levy  to  pay  bonds  of  county,  city,  or  township, 
given  for  railroad  subscription.]  The  competent  authorities  of  any 
county,  city,  or  township,  that  shall  have  subscribed  to  the  capital  stock  of 
any  railroad  company,  and  shall  have  issued  its  bonds  or  other  securities 
for  the  payment  of  such  subscription,  may,  at  any  time  within  five  years 
next  before  the  principal  of  such  bonds,  or  other  securities,  shall  be  pay- 
able, if  the  market  price  of  the  stock  of  such  railroad  company  be  less 
than  seventy-five  per  cent,  on  its  par  value,  levy,  or  cause  to  be  levied, 
annually,  on  the  taxable  property  of  such  county,  city,  or  township,  such 
tax  not  exceeding  one  mill  on  the  dollar,  as  will  be  sufficient  to  balance 
the  discount  on  the  railroad  stock  held  by  such  county,  city,  or  township, 
by  the  time  such  bonds  may  become  due;  and  the  proceeds  of  all  such 
taxes  shall  form,  with  such  stock,  a  sinking  fund,  and  shall  be  invested 
in  the  purchase  of  the  bonds  issued  by  such  county,  city,  or  township, 
or  in  other  safe  and  productive  securities,  and  shall  be  applied  to  the 
payment  of  the  bonds  so  issued,  and  to  no  other  use  or  purpose  whatever. 

Sec.  2833.  [Tax  on  dogs.]  In  the  tax  list  duplicate  there  shall 
be  columns  for  the  number  of  and  per  capita  tax  on  dogs,  and  in  addition 
to  the  proper  tax  on  any  valuation  that  may  be  fixed  upon  dogs  by  the 
owners,  which  shall  be  included  with  the  personal  property  valuation, 
and  taxed  therewith,  the  auditor  shall  levy  one  dollar  on  each  male,  and 
spayed  female  dog,  and  two  dollars  on  each  unspayed  female  dog,  which 
per  capita  tax  shall  constitute  a  special  fund  to  be  disposed  of  as  provided 
by  law;  provided,  that  in  cities  of  the  second  grade  of  the  first  class,  the 
per  capita  tax  provided  for  by  this  section  shall  be  collected  by  the  city 
clerk,  and  the  city  council  of  such  cities  shall  provide  by  ordinance  for 
enforcing  the  payment  of  the  taxes  on  all  dogs  in  such  cities  and  disposing 
of  the  money   derived  therefrom. 

Sec.  2834.  [Surplus  of  special  tax  or  loan  may  be  transferred  to 
general  fund.]  Whenever  there  is  in  the  treasury  of  any  city,  vil- 
lage, hamlet,  county,  township  or  school  district,  any  surplus  of  the  pro- 
ceeds of  a  special  tax,  or  of  the  proceeds  of  a  loan  for  a  special  purpose, 
which  surplus  is  not  needed  for  the  purpose  for  which  the  tax  was  levied, 
or  the  loan  made,  such  surplus  may  be  transferred  to  the  general  fund  by 
an  order  of  the  proper  authorities  entered  on  their  minutes ;  and  whenever 
there  is  in  the  treasury  of  any  such  civil  division,  at  the  annual  meeting  or 
meetings  otherwise  provided  by  law  at  which  the  annual  tax  levy  is  to  be 
considered  and  adopted  any  surplus  not  exceeding  one  thousand  dollars  in 
any  one  established  fund  or  division  of  the  funds,  which  surplus  is  not 
needed  for  the  purpose  for  which  the  fund  was  created,  or  the  money 
appropriated,  or  the  tax  levied,  before  such  annual  tax  lew  is  made,  such 
surplus  may  be  considered  as  unappropriated  and  may  be  reappropriated, 
and  transferred,  by  an  order  as  aforesaid,  to  some  other  existing  fund 


LAWS   RELATING   TO  AGRICULTURE.  23 

for  which  a  tax  is  to  be  or  would  otherwise  be  levied,  and  the  surrr 
which  it  would  be  necessary  to  raise  by  taxation  for  any  purpose,  if  no 
such  reapportionment  was  made,  shall  thereupon  be  reduced  to  the  extent 
of  the  transfer  thus  made ;  provided,  however,  that  this  act  shall  in  no» 
wise  be  considered  as  authority  to  make  such  reapportionments  or  any 
transfer  of  funds  at  any  other  time  than  the  meeting  aforesaid  to  determ- 
ine the  tax  levy  nor  to  authorize  transfers  at  any  one  such  meeting  of 
over  three  thousand  dollars  in  the  aggregate,  nor  that  the  amount  which 
may  be  lawfully  raised  by  taxation  for  any  purpose  may  be  increased  by 
such  transfer. 

Sec.  2834a.  [Power  to  borrow,  to  extend  time  or  change  debt.] 
The  trustees  of  any  township,  the  board  of  education  of  any  school  dis- 
trict, except  in  cities  of  the  first  class,  and  the  commissioners  of  an>r 
county,  for  the  purpose  of  extending  the  time  of  payment  of  any  indebt- 
edness which,  from  its  limits  of  taxation,  such  township,  school  district,, 
board  of  education  or  commissioners,  for  the  best  interest  of  said  town- 
ship, school  district  or  county,  shall  have  power  to  issue  bonds  of  such 
township,  school  district  or  county,  or  borrow  money,  so  as  to  change 
but  not  to  increase  the  indebtedness,  for  such  length  of  time,  in  such 
amounts,  and  at  such  a  rate  of  interest  as  the  said  trustees,  board  of  educa- 
tion or  commissioners  may  deem  proper,  not  to  exceed  six  per  cent,  per 
annum,  payable  annually  or  semi-annually ; 

[Resolution  as  to  such  debt.]  Provided,  however,  that  no  indebt- 
ness  of  any  township,  school  district  or  county  shall  be  funded,  refunded 
or  extended  unless  such  indebtedness  shall  first  be  determined  to  be  an 
existing,  valid  and  binding  obligation  of  any  such  township,  school 
district  or  county  by  a  formal  resolution  of  the  trustees,  board  of  educa- 
tion o.r  commissioners  of  any  such  township,  school  or  county, 
which  resolution  shall  so  state  the  amount  of  the  existing  indebtedness 
to  be  funded,  refunded  or  extended,  the  aggregate  amount  of  bonds  to 
be  issued  therefor,  their  number  and  denomination,  the  date  of  their 
maturity,  the  rate  of  interest  they  shall  bear,  and  the  place  of  payment 
of  principal  and  interest. 

[Levy  to  meet  payment  of  bonds.]  And  for  the  payment  of  the 
bonds  issued  under  this  section,  the  township  trustees,  the  board  of  edu- 
cation or  commissioners  shall  levy  a  tax  in  addition  to  the  amount  other- 
wise authorized,  every  year  during  the  period  the  bonds  have  to  run, 
sufficient  in  amount  each  year  to  pay  the  bonds  falling  due  within  the  year 
and  the  accruing  interest. 

Sec.  r.834^.  [Restrictions;  no  contract,  etc.,  unless  money  is  in 
treasury  and  set  apart ;  non-applicability  of  section  to  employment  of 
teachers,  officers  and  other  school  employes.]  The  commissioners 
of  any  county,  the  trustees  of  any  township  and  the  board  of  education 
of  any  school  district,  except  in  cities  of  the  first  class,  of  first,  second 
and  third  grade,  shall  enter  into  no  contract,  agreement,  or  obligation 
involving  the  expenditure  of  money,  nor  shall  any  resolution  or  order 
for  the  appropriation  or  expenditure  of  money  be  passed  by  any  board 
of  county  commissioners,  township  trustees  or  board  of  education,  except 
in  cities  of  the  first  class,  of  first,  second  and  third  grade,  unless  the  audi- 
tor or  the  clerk  thereof  shall  first  certify  that  the  money  required  for  the 
payment  of  such  obligation  or  appropriation  is  in  the  treasury  to  the 
credit  of  the  fund  from  which  it  is  to  be  drawn,  or  has  been  levied  and 
placed  on  the  duplicate,  and  in  process  of  collection  and  not  appropriated 


24  LAWS   RELATING    TO   AGRICULTURE. 

for  any  other  purpose ;  which  certificate  shall  be  filed  and  immediately 
recorded,  and  the  sums  so  certified  shall  not  thereafter  be  considered 
unappropriated  until  the  county,  township  or  board  of  education,  except 
in  cities  of  the  first  class,  of  first,  second  or  third  grade,  is  fully  dis- 
charged from  the  contract,  agreement  or  obligation,  or  so  long  as  the 
order  or  resolution  is  in  force,  and  all  contracts,  agreements  or  obligations, 
and  all  orders  or  resolutions  entered  into  or  passed  contrary  to  the  pro- 
visions of  this  section,  shall  be  void.  Provided,  that  none  of  the  provi- 
sions of  this  section  shall  apply  to  the  contracts  authorized  to  be  made  by 
other  provisions  of  law  for  the  employment  of  teachers,  officers,  and  other 
school  employes  of  boards  of  education. 

Sec.  2834^.  |  Disposition  of  surplus  under  Dow  tax.]  When- 
ever there  is  in  the  treasury  of  any  city,  village,  hamlet,  county  or  town- 
ship an}-  surplus  arising  under  an  act  entitled  "An  act  providing  against 
the  evils  resulting  from  the  traffic  in  intoxicating  liquors."  passed  May 
14,  1886,  83  O.  L.,  157,  which  surplus  is  not  needed  for  the  purpose 
named  in  section  9  of  said  act,  such  surplus  may  be,  at  any  time,  trans- 
ferred to  any  other  fund,  including  school  fund,  by  an  order  of  the  pro- 
per authorities  entered  on  their  minutes. 

Sec.  2835.  [Townships  and  municipalities  may  issue  and  sell 
their  bonds  for  purposes  that  are  specified;  interest  and  sale.]  The 
trustees  of  any  township  or  hamlet  or  the  council  of  any  municipal  cor- 
poration may  issue  and  sell  their  bonds,  in  amount  and  denominations 
such  as  they  may  deem  necessary  for  the  special  purpose  in  view,  when- 
ever it  is  desired  by  the  voters  of  such  township  or  municipal  corporation 
to  make  any  of  the  following  improvements  or  to  provide  for  any  of  the 
following  public  purposes : 

1.  For  procuring  the  real  estate  and  right  of  way  for  any  improve- 
ment authorized  by  this  section. 

2.  For  extending,  enlarging,  improving,  repairing  or  securing  a 
more  complete  enjoyment  of  any  building  or  improvement  authorized  by 
this  section,  and  for  equipping,  furnishing,  maintaining,  administering  and 
operating  the  same. 

3.  For  sanitary  and  street  cleaning  purposes,  and  for  erecting  a 
crematory  or  providing  other  means  for  disposing  of  garbage  and  refuse 
matter.    - 

4.  For  improving  highways  leading  into  the  township  or  corpora- 
tion, or  for  building  or  improving  a  turnpike,  or  for  purchasing  one  or 
more  turnpike  roads  and  making  the  same  free. 

5.  For  constructing  wharves  and  landings  on  navigable  waters. 

6.  For  constructing  levees  and  embankments,  and  for  improving  any 
watercourse  passing  through  the  township  or  corporation. 

/.     For  constructing  bridges  and  culverts. 

8.  For  erecting  infirmaries  and  providing  for  the  support  of  the  de- 
pendent poor. 

9.  For  erecting  workhouses,  prisons  and  police  stations. 

10.  For  erecting  houses  of  refuge  and  correction. 

11.  For  erecting  market-houses  and  providing  market-places. 

12.  For  erecting  hospitals  and  pest-house<. 

13.  For  erecting  halls  and  public  offices. 

14.  For  maintaining  a  fire-department,  erecting  buildings  therefor, 
purchasing  fire-engines,  fire-boats  and  apparatus,  and  constructing  reser- 
voirs. 


LAWS    RELATING    TO    AGRICULTURE.  25 

15.  For  erecting  or  purchasing  water-works  and  supplying  water  to 
the  township  or  corporation  and  the  inhabitants  thereof. 

16.  For  erecting  or  purchasing  gas-works  and  electric  light  works, 
and  for  supplying  light  to  the  township  or  corporation  and  the  inhabitants 
thereof. 

17.  For  providing  grounds  for  cemeteries  and  for  park  purposes, 
for  inclosing  and  embellishing  the  same,  and  for  erecting  vaults. 

18.  For  constructing  sewers,  drains  and  ditches. 

19.  For  maintaining  a  free  public  library  and  reading-room. 

20.  For  constructing,  erecting  or  providing  any  public  work,  build- 
ing or  improvements  not  hereinbefore  mentioned,  and  for  which  a  tax- 
may  constitutionally  be  levied. 

Nothing  herein  contained  shall  be  construed  as  limiting  or  restricting 
any  power  to  issue  bonds  for  any  of  the  purposes  named  in  this  section 
otherwise  conferred  by  law  ;  but  no  bonds  issued  for  any  of  the  above 
named  purposes  and  in  accordance  with  the  provisions  of  this  section,  shall 
Dear  a  higher  rate  of  interest  than  six  per  centum  per  annum,  payable 
semi-annually,  or  be  sold  for  less  than  their  par  value. 

Sec.  2836.  [Tax  shall  be  levied  to  pay  bonds  and  interest.]  For 
the  payment  of  bonds  issued  under  the  preceding  section,  the  township 
trustees  or  municipal  council  shall  levy  a  tax  in  addition  to  the  amount 
otherwise  authorized,  every  year  during  the  period  the  bonds  have  to  run, 
sufficient  in  amount  each  year  to  pay  the  bonds  falling  due  within  that 
year,  and  the  accruing  interest. 

[Surplus  water- works  fund  in  Columbus  applied  on  interest  on 
storage  dam  bonds,  and  for  creation  of  sinking  fund.]  Provided, 
however,  that  in  cities  of  the  first  grade  of  the  second  class  any  surplus 
of  the  water-works  fund  of  such  cities  after  paying  the  expense  of  con- 
ducting, managing,  repairing  and  extending  the  water-works  of  such 
cities,  shall  first  be  applied  to  the  payment  of  the  interest  accruing  on 
any  bonds  issued  or  which  may  hereafter  be  issued  for  the  construction  of 
dams  for  storing  water  for  the  purpose  of  supplying  water  to  any  such 
cities  and  the  inhabitants  thereof,  and  for  the  creation  of  a  sinking  fund 
for  the  payment  of  the  principal  of  such  bonds,  before  applying  the  pro- 
ceeds of  any  tax  levy  made  in  pursuance  of  this  provision,  and  that  the 
councils  of  any  such  cities  be  authorized  to  levy  a  tax  for  the  exclusive 
purpose  of  paying  the  excess  of  such  bonds  and  interest,  and  creating 
such  sinking  fund  after  the  application  of  such  surplus  as  herein  provided. 

Sec.  2837.  [Question  to  be  submitted  to  the  voters.]  Before 
any  bonds  are  issued  or  tax  levied,  as  provided  in  the  next  two  preceding 
sections,  the  question  of  issuing  the  bonds  shall  be  submitted  to  the  voters 
of  the  township  or  municipal  corporation  at  a  general  or  special  election. 
And  whenever  the  trustees  of  any  township  or  hamlet  or  the  council  of 
any  municipal  corporation  shall  by  resolution  declare  it  necessary  to 
issue  and  sell  the  bonds  of  such  township,  hamlet  or  municipal  corpora- 
tion, as  the  case  may  be,  for  any  or  either  of  the  purposes  mentioned  in 
section  2835  of  the  Revised  Statutes  in  any  amount  specified  in  such 
resolution  and  shall  by  such  resolution  fix  a  date  upon  which  the  ques- 
tion of  issuing  and  selling  such  bonds  shall  be  submitted  to  the  electors 
of  such  township,  hamlet  or  municipality,  and  shall  cause  a  copy  of  such 
resolution  to.be  certified  to  the  deputy  state  supervisors  of  the  county  in 
which  such  township,   hamlet  or  municipal  corporation   is  situated,   or 


26  LAWS    RELATING   TO    AGRICULTURE. 

board  of  election  in  such  cities  as  have  such  boards,  [and]  such  deputy 
state  supervisors,  or  such  boards  of  election,  shall  within  ten  days  there- 
after proceed  to  prepare  the  ballots  and  make  all  other  necessary  ar- 
rangements for  the  submission  of  such  question  to  the  electors  of  any 
such  township,  hamlet  or  municipal  corporation  at  the  time  fixed  in  said 
resolution.  Such  election  shall  be  held  at  the  regular  place  or  places  of  vot- 
ing in  such  township,  hamlet  or  municipality  and  shall  be  conducted,  can- 
vassed and  certified  in  the  same  manner  except  as  otherwise  provided  by 
law  as  April  elections  in  such  township,  hamlet  or  municipal  corporation  for 
the  election  of  officers  thereof ;  provided,  however,  that  when  a  special 
election  for  such  purposes  is  held  in  a  municipal  corporation  divided  into 
wards  there  shall  be  but  one  voting  place  in  each  ward  which  shall  be 
designated  by  the  deputy  state  supervisors  of  election  or  in  cities  having 
a  board  of  elections  by  such  board,  and  the  notice  hereinafter  provided 
for  shall  designate  the  voting  place  in  each  ward.  In  all  cities  in  which 
registration  is  required  certificates  of  removal  shall  not  be  necessary 
except  when  transfers  are  required  from  one  ward  to  another,  and  the 
board  of  elections  of  all  such  cities  shall  issue  all  such  removal  certificates. 
Fifteen  days'  notice  of  the  submission  shall  be  given  in  one  or  more  news- 
papers printed  therein  once  a  week  for  two  consecutive  weeks,  stating 
the  amount  of  bonds  to  be  issued,  the  purpose  for  which  they  are  to  be 
issued,  and  the  time  and  place  of  holding  the  election  ;  and  if  no  newspaper 
is  printed  therein  the  notice  shall  be  posted  in  a  conspicuous  place  and  pub- 
lished once  a  week  for  two  consecutive  weeks  in  some  newspaper  of  general 
circulation  in  the  township  or  municipal  corporation ;  and  if  two-thirds  of 
the  voters  voting  at  such  election  upon  the  question  of  issuing  the  bonds, 
vote  in  favor  thereof,  then  and  not  otherwise  the  bonds  shall  be  issued  and 
the  tax  levied.  Those  who  vote  in  favor  of  the  proposition  shall  have 
written  or  printed  on  their  ballots  "For  the  issue  of  bonds" ;  and  those 
who  vote  against  the  same  shall  have  written  or  printed  on  their  ballots 
the  words,  "Against  the  issue  of  bonds." 


SERVICE  OF  STALLION  OR  JACK. 

(3213-1)  [Lien  of  keeper  of  stallion  or  jack.]  That  the  keeper 
of  any  stallion  or  jack  shall  have  a  lien  upon  the  get  of  the  same  for  the 
period  of  "twelve  months  after  birth  of  the  same,  for  the  payment  of  the 
service  of  any  such  stallion  or  jack. 

[Enforcement  of  lien.]  Such  keeper  or  owner  may  enforce  said 
lien  by  replevin  of  the  property  before  any  justice  of  the  peace  of  the 
township  where  the  property  is  found,  and  after  gaining  possession  of 
the  same,  he  may,  after  first  giving  ten  days'  notice  to  the  reputed  owner 
thereof  of  his  intention  to  do  so,  sell  the  same  at  public  sale  after  two 
weeks'  notice  of  the  time  and  place  of  sale  by  notices  posted  up  in  five 
conspicuous  and  public  places  in  the  township  where  proceedings  in  re- 
plevin are  had. 

[Disposition  of  proceeds  from  sale.]  And  out  of  the  proceeds  of 
sale  retain  the  amount  due  him  for  said  service,  with  the  costs  by  him 
incurred  in  said  replevin  suit,  and  accounting  to  the  owner  for  the  sur- 
plus realized  by  said  sale.     And  the  owner  of  any  such  stallion  or  jack, 


LAWS    RELATING   TO   AGRICULTURE.  27 

when  payment  is  made  to  him,  or  his  agent,  for  any  such  get,  shajl  deliver 
to  the  payee  a  receipt  in  full  for  the  amount  so  paid,  and  stating  for  what 
paid. 

[Penalty  for  misrepresenting  pedigree  of  stallion  or  jack.]  And 
any  such  keeper  or  owner  of  any  stallion  or  jack,  who  misrepresents  the 
pedigree,  or  fails  to  publish  a  correct  pedigree  of  his  stallion  or  jack^when 
excellency  of  good  qualities  are  claimed  on  account  thereof,  shall,  upon 
proof  of  such  misrepresentation,  forfeit  the  services  in  any  case  when 
legally  contested  and  proven,  and  shall  be  otherwise  punished  as  provided 
by  law  against  the  use  of  false  pedigree. 


AN  ACT  TO  FIX  RESPONSIBILITY  AND  TO  PROTECT  LABOR  AND  THE  RIGHTS 
OF  CONTRACTORS  AND  SUB-CONTRACTORS  ON  ALL  PUBLIC  WORKS  OR 
WORK  DONE  FOR  COMPANIES,  CORPORATIONS,  CONTRACTING  COM- 
PANIES,  OR  INDIVIDUALS. 

(323 i-i)     Sec.  1.     [Lien   upon   railroad,   for   labor   or   material 

furnished.]  Any  person  who  shall  have  performed  common  or  me- 
chanical labor  upon,  or  furnished  supplies  to  any  railroad,  turnpike,  plank 
road,  canal  or  on  any  public  structure  being  erected,  or  on  any  abutment, 
pier,  culvert  or  foundation  for  same,  or  for  any  side  track,  embankment, 
excavation  or  any  public  work,  protection,  ballasting,  delivering  or  plac- 
ing ties,  or  track-laying,  whether  the  labor  is  performed  for,  or  the  sup- 
plies or  material  is  furnished  to  any  company,  corporation,  contractor  or 
sub-contractor,  construction  company  or  an  individual,  shall  have  a  first, 
immediate,  and  absolute  lien  on  the  whole  of  the  property  on  which  said 
work  is  done,  and  to  which  said  supplies  have  been  contributed,  and  shall 
hold  the  railroad,  canal,  turnpike,  plank  road  or  structure  to  the  creation 
or  construction  of  which  the  said  labor  or  supplies  has  been  contributed, 
or  so  much  thereof  as  may  have  been  in  whole  or  in  part  created  by  said 
labor  or  supplies,  to  the  exclusion  of  any  railroad,  canal,  turnpike,  plank 
road,  public  work  or  structure,  as  to  operation,  occupation  or  use,  until  the 
claim  for  such  labor  or  supplies  is  properly  adjusted  and  paid  in  full. 

(3231-2)  Sec.  2.  [How  lien  obtained.]  When  it  shall  be 
deemed  necessary  for  any  construction  company,  contractor,  sub-contrac- 
tor, mechanic,  laborer,  or  person  contributing  supplies  or  material  to  se- 
cure their  claim  against  any  railroad,  canal,  turnpike,  plank  road,  public 
work  or  public  structure,  either  for  work  done  or  material  furnished,  they 
shall  file  a  sworn  itemized  statement,  within  thirty  days  after  said  work- 
was  performed  or  materials  furnished,  of  the  amount  of  work  done  or 
material  furnished,  showing  the  balance  due  and  claimed  for  labor  or 
material  furnished,  with  the  recorder  of  the  county  or  counties  within 
which  said  work  was  done  or  materials  furnished.  And  if  several  liens 
be  obtained  by  several  persons  on  the  same  job,  in  the  manner  prescribed 
by  this  act,  they  shall  have  no  priority  among  themselves,  but  payments 
thereon  shall  be  made  pro  rata. 

(323I_3)  Sec.  3.  [Bond;  when  injunction  may  issue.]  Any 
construction  company,  contractor,  mechanic,  laborer,  or  person  contribut- 
ing supplies  or  material  to  any  work  named  in  section  one  (1)  of  this 
act,  shall  at  the  time  of  filing  the  sworn  statement  of  account  as  provided 
in  section  ttvo  (2)  of  this  act,  file  a  good  and  sufficient  bond  of  indemnity 


28  LAWS    RELATING    TO    AGRICULTURE. 

for  an  amount  equal  to  the  amount  claimed,  which  bond  shall  be  approved 
by  the  probate  judge,  and  shall  be  so  conditioned  as  to  save  and  protect 
the  defendant  in  any  case  arising  under  this  act,  and  shall  then  be  en- 
titled to  a  decree  of  the  common  pleas  court,  enjoining  and  prohibiting 
the  operation,  use  or  occupancy  of  the  property  created  in  whole  or  in 
part  by  the  party  or  parties  asking  for  said  injunction;  and  the  said  in- 
junction shall  not  be  dissolved  until  the  court  is  satisfied  that  the  claim 
has  been  adjusted  and  paid  in  full. 

(3231-4)      Sec.  4.      [Engineer  to  make  measurements,  cstinat^s, 

etc. I  Any  civil  engineer  who  shall  be  employed  as  chief  or  assistant 
engineer  in  the  surveying,  platting  or  cross-sectioning  of  any  railroad, 
•canal,  turnpike,  plank  road  or  other  public  road,  shall,  before  the  work 
is  commenced,  make  an  accurate  measurement  of  the  same,  and  shall 
prepare  a  profile  of  each  section  of  one  mile  or  less  of  said  work,  showing 
•quantities  of  each  and  every  class  of  work  to  be  done  on  said  mile  or  less  ; 
and  shall  also  designate  the  nearest  benchmark  or  point  from  which  meas- 
urements are  made,  and  shall  drive  stakes  at  top  of  slope,  at  foot  of  em- 
bankments, at  sides  and  center  of  grade  and  around  every  burrow  pit  for 
each  one  hundred  feet,  showing  in  plain  figures  by  feet  and  tenths  of  a 
foot  the  depths  of  cut  or  height  of  fill  or  embankment,  together  with  a 
•correct  showing  of  the  quantity  of  overhaul  beyond  a  given  number  of 
feet,  jn  cubic  yards,  for  each  section  ot  a  mile  or  less ;  and  it  shall  be  the 
-duty  of  such  chief  or  assistant  engineer  to  furnish,  on  demand,  when  any 
work  is  finished,  to  any  company,  contractor,  sub-contractor  or  person  a 
final  statement  of  quantities  in  each  class  of  work  done  or  supplies  or 
material  furnished  by  parties  interested. 

(323I~5)  Sec.  5.  [Penalty.]  Any  civil  engineer  or  assistant 
engineer,  whose  duty  it  is  to  ascertain  quantities  from  actual  measure- 
ment, and  on  which  final  estimates  are  to  be  made,  who  shall  knowingly 
give  other  than  the  true  quantities,  with  intent  to  defraud  the  construc- 
tion company,  contractor,  sub-contractor,  laborer  or  person  furnishing 
supplies  or  material,  shall,  if  the  amount  of  the  discrepancy  exceed  at  the 
•contract  price,  thirty-five  dollars,  be  deemed  guilty  of  a  felony,  and  shall 
be  punished  by  a  fine  of  not  less  than  the  amount  at  contract  price  of  all 
work  done  or  material  furnished  and  not  included  in  his  final  estimate, 
or  be  confined  in  the  penitentiary  for  not  less  than  one  or  more  than 
five  vears. 


OHIO  STATE  BOARD  OF  AGRICULTURE. 


(3691-25.)       [Incorporation.]       That       Michael       L.       Sullivant. 
be  and  they  are  hereby  created  a  body  corporate,  with  perpetual 
succession,  in  the  manner  hereafter  described,'  under  the  name  and  stvle 
of  the  "Ohio  State  Board  of  Agriculture." 

(3691-26)  Sec.  t.  [Number  of  the  board;  quorum.]  The  Ohio 
state  board  of  agriculture  shall  consist  of  ten  members,  five  of  whom  shall 
constitute  a  quorum. 

(3691-27)  Sec.  2.  [Names  of  members.]  That  Allen  Trim- 
ble, M.  L.  Sullivant.  Samuel  Medarv,  Darius  Lapham,  A.  E.  Strickle 
Arthur  Watts,  M.  15.  Bateham.  John  Codding,  fared  P.  Kirtland,  and 
Isaac  Moore,  be  continued  members  of  the  board':    their  term  of  service 


LAWS    RELATING    TO    AGRICULTURE.  29' 

and   the   mode   of   appointing  their   successors   to   remain    unaltered   by- 
Liu's  act. 

Sec  3692.  [Annual  meeting  of  board.]  There  shall  be  held  in 
the  city  of  Columbus,  on  the  first  Thursday  after  the  second  Monday  in 
January,  an  annual  meeting  of  the  Ohio  state  board  of  agriculture,  to- 
gether with  the  president  of  each  county  agricultural  society,  an  duly 
authorized  delegate  therefrom,  who  shall,  for  the  time  being,  be  ex-ofncio> 
members  of  the  state  board  of  agriculture,  for  the  purpose  of  deliberation 
and  consultation  as  to  the  wants,  prospects  and  condition  of  agriculture 
throughout  the  state :  and  at  such  meeting,  the  several  reports  from  the 
countt  societies  shall  be  delivered  to  the  president  of  the  state  board  of 
agriculture. 

[Election  of  members;  term.]  And,  at  the  annual  meeting  to 
be  held  in  1898,  there  shall  be  elected  five  members  of  the  state  board  of 
agriculture,  two  members  for  a  term  of  two  years,  two  members  for  a. 
term  of  three  years,  and  one  member  for  a  term  of  four  years ;  and,  at. 
the  annual  meeting  to  be  held  in  1899,  there  shall  be  elected  five  members, 
one  member  for  a  term  of  three  years,  two  members  for  a  term  of  four 
years,  and  two  members  for  a  term  of  five  years  ;  and  annually  thereafter 
there  shall  be  elected  two  members  whose  term  shall  be  five  years,  and. 
until  their  successors  are  elected. 

Sec.  3693.  [Annual  report  of  board  to  general  assembly.]  The 
board  may  elect  such  officers  as  may  by  it  be  deemed  necessary.  It  shall 
hold  an  annual  exhibition  of  the  agricultural  and  general  productive  in- 
dustries of  the  state ;  shall  make  an  annual  report  to  the  general  assembly, 
embracing  its  proceedings  for  the  past  year,  and  an  abstract  of  the  pro- 
ceedings of  the  several  county  agricultural  societies,  as  well  as  a  general 
view  of  the  condition  of  agriculture  throughout  the  state,  accompanied  by 
such  recommendations  as  it  may  deem  interesting  and  useful. 

Sec.  3694.  [State  board  of  agriculture;  real  estate  acquired  by; 
auditing  of  expenses;  annual  report:  legal  adviser.  |  The  board  may 
hold  in  fee  simple  such  real  estate  as  it  may  have  heretofore  purchased., 
or  may  hereafter  purchase,  as  sites  whereon  to  hold  its  annual  fairs,  and 
all  such  lands  held  by  the  board  for  said  purpose  shall  be  exempt  from, 
taxation,  but  when  any  such  real  estate  as  may  have  heretofore  been  pur- 
chased or  may  hereafter  be  purchased,  shall  cease  to  be  used  by  the  board 
as  sites  whereon  to  hold  such  annual  fairs,  then  such  real  estate  with  the 
improvements  thereon,  belonging  to  the  board,  shall  revert  to  the  state 
of  Ohio;  and  no  portion vof  any  such  real  estate  shall  be  disposed  of 
except  by  act  of  the  legislature.  The  board  shall  have  the  power  to  audit 
and  pay  its  ordinary  expenses,  including  the  necessary  personal  expenses, 
of  the  members  in  their  attendance  on  the  meetings  of  the  board,  out  of 
any  funds  in  its  possession  or  out  of  the  state  agricultural  fund,  and  shall, 
in  its  annual  report,  make  a  complete  showing  of  its  financial  transac- 
tions ;  and  the  attorney-general  shall  act  as  the  legal  adviser  of  the  board,, 
the  same  as  for  other  state  departments. 

Sec  3695.  [How  state  agricultural  fund  at  disposal  of  board.] 
The  state  agricultural  fund  shall  be  at  the  disposal  of  the  board  for  the 
improvement  of  the  agricultural  interests  of  the  state  ;  and  when  escheated 
property  is  legally  reclaimed  by  any  heir,  it  shall  be  held  subject  to  the 
payment,  to  the  purchaser  of  the  state,  of  so  much  of  the  original  purchase- 
monev  as  it  received,  and  legal  interest  to  the  time  of  such  reclamation.. 


30  LAWS    RELATING    TO    AGRICULTURE. 

Sec.  3696.  [Secretary  of  state  authorized  to  furnish  stationery 
to  board  of  agriculture.]  The  secretary  of  state  is  authorized  to  furn- 
ish the  board  with  such  stationery  as  may  be  requisite  to  the  proper  dis- 
charge of  its  duties,  together  with  such  blank  books  as  may  be  necessary 
to  keep  the  records  of  the  transactions  of  the  board. 


COUNTY   AGRICULTURAL   SOCIETIES. 

Sec.  3697.  [Organization  of  district  or  county  agricultural  soci- 
eties.] When  thirty  or  more  persons,  residents  of  any  county,  or  dis- 
trict embracing  two  or  more  counties,  organize  themselves  into  a  society 
for  the  improvement  of  agriculture  within  such  county  or  district,  and 
adopt  constitutions  and  by-laws,  agreeable  to  the  rules  and  regulations 
to  be  furnished  by  the  state  board  of  agriculture,  and  appoint  the  usual 
and  proper  officers,  and  the  society  pays  to  its  treasurer,  by  voluntary 
subscription,  or  by  fees  imposed  upon  its  members,  any  sum  of  money  in 
each  year  not  less  than  fifty  dollars,  and  the  president  of  the  society  cer- 
tifies to  the  respective  county  auditors  the  amount  thus  paid,  attested  by 
the  oath  of  the  treasurer  before  a  magistrate,  the  county  auditors  em- 
braced within  the  district  in  which  such  society  is  organized,  shall  draw 
an  order  on  the  treasurer  of  the  respective  counties  in  favor  of  the  presi- 
dent and  treasurer  of  the  society,  for  a  sum  equal  to  the  amount  thus  raised, 
not  exceeding  two  cents  to  each  inhabitant  of  the  county  upon  the  basis 
of  the  last  previous  national  census,  but  not  exceeding  in  any  county  the 
sum  of  eight  hundred  dollars ;  and  the  treasurer  of  said  [the]  county 
shall  pay  the  same.  Provided,  that  where  in  any  county  containing  a  city 
of  the  second  grade  of  the  first  class,  the -site  for  holding  county  fairs  is 
situated  so  far  from  the  geographical  center  of  said  county,  that,  in  the 
opinion  of  the  commissioners  of  said  county,  the  agricultural  interests 
of  said  county  will  best  be  promoted  by  the  establishment  of  another  and 
additional  society  and  site  whereon  to  hold  fairs ;  upon  the  organization 
of  such  additional  society  in  the  manner  provided  herein,  said  additional 
society  shall  be  entitled  to  receive  out  of  the  county  treasury  in  any  sum 
not  to  exceed  the  amount  which  said  commissioners  are  now  authorized 
to  allow  by  this  section  and  section  3702a. 

Sec.  3698.  [For  what  premiums  may  be  offered  by  agricultural 
societies.]  The  several  county  or  district  societies  which  may  be 
formed  under  the  provisions  of  the  preceding  section  shall,  annually,  offer 
and  award  premiums  for  the  improvement  of  soils,  tillage,  crops,  manures, 
implements,  stock,  articles  of  domestic  industry,  and  such  other  articles, 
productions,  and  improvements,  as  they  deem  proper,  and  may  perforin 
all  such  acts  as  they  deem  best  calculated  to  promote  the  agricultural  and 
household  manufacturing  interests  of  the  district  and  of  "the  state,  and 
shall  regulate  the  amount  of  premiums,  and  the  different  grades  of  the 
same,  so  that  it  shall  be  competent  for  small  as  well  as  large  farmers  to 
have  an  opportunity  to  compete  therefor;  and  in  making  their  awards 
special  reference  shall  be  had  to  the  profits  which  accrue,  or  are  likely 
to  accrue,  from  the  improved  mode  of  raising  the  crop,  or  of  improving 
the  soil,  or  stock,  or  of  the  fabrication  of  the  articles  thus  offered,  so  that 
the  premium  shall  be  given  for  the  most  economical  mode  of  improve- 
ment;  and  all  persons  offering  to  compete  for  premiums  on  improved 
modes  of  tillage,  or  the  production  of  any  crops  or  other  articles,  shall 
he  required,  before  such  premium  is  adjudged  to  deliver  to  the  awarding 
•committee  a  full  and  correct  statement  of  the  process  of  such  mode  of 


LAWS    RELATING    TO    AGRICULTURE.  31 

tillage  or  production,  and  the  expense  and  value  of  the  same,  with  a  view 
of  showing  accurately  the  profits  derived  or  expected  to  be  derived  there- 
from. Provided,  that  during  any  year,  when  the  state  board  of  agricul- 
ture shall  hold  its  fair  upon  the  grounds  of  any  county  or  district  agri- 
cultural society,  such  society  shall  be  excused  if  its  board  of  directors 
so  decides  from  complying  with  the  provisions  of  this  section,  ancLsiiall 
incur  no  forfeiture  of  its  rights  as  such  agricultural  society,  by  reason 
of  not  holding  such  fair. 

Sec.  3699.  [Must  publish  a  list  of  awards,  etc.]  County  and 
district  societies  shall  publish,  annually,  a  list  of  awards,  and  an  abstract 
of  the  treasurer's  account,  in  a  newspaper  of  the  district,  and  make  a 
report  of  their  proceedings  during  the  year,  and  a  synopsis  of  the  awards 
for  improvements  in  agriculture  and  household  manufactures,  together 
with  an  abstract  of  the  several  descriptions  of  these  improvements,  and 
also  make  a  report  of  the  condition  of  agriculture  in  their  county  or  dis- 
trict, which  report  shall  be  made  in  accordance  with  the  rules  and  regu- 
lations of  the  state  board  of  agriculture,  and  shall  be  forwarded  to  the 
state  board  at  its  annual  meeting  in  January  in  each  year;  and  no  sub- 
sequent payment  shall  be  made  from  the  county  treasury  unless  a  certifi- 
cate be  presented  to  the  auditor,  from  .the  president  of  the  state  board, 
showing  that  such  reports  have  been  made. 

Sec.  3700.  [County  societies  erected  into  corporations.]  All 
county  societies  which  have  been  or  may  hereafter  be  organized  are 
declared  bodies  corporate  and  politic,  and  as  such  shall  be  capable  of 
suing  and  being  sued,  and  of  holding  in  fee  simple  such  real  estate  as 
they  have  heretofore  purchased  or  may  hereafter  purchase  as  sites  where- 
on to  hold  their  fairs. 

Sec.  3701.  [Conveyance  to  such,  societies  declared  valid.]  All 
deeds,  conveyances  and  agreements  in  writing,  made  to  and  by  such 
county  societies,  for  the  purchase  of  real  estate  as  sites  whereon  to  hold 
their  fairs,  shall  be  good  and  valid  in  law  and  equity,  and  shall  vest  a 
title  in  fee  simple  in  such  societies  to  the  real  estate,  without  words  of 
inheritance. 

Sec.  3702.  [Commissioners  may  assist  agricultural  societies  in 
purchasing,  etc.,  sites  for  fairs;  levy  of  tax.]  When  a  county  society 
has  purchased,  or  leased  for  a  term  of  not  less  than  twenty  years,  real 
estate  as  a  site  whereon  to  hold  fairs,  or  where  the  title  to  the  grounds 
is  vested  in  fee  in  the  county,  but  the  society  has  the  control  and  man- 
agement of  the  lands  and  buildings,  the  county  commissioners  may,  if 
they  think  it  for  the  interests  of  the  county,  and  society,  pay  out  of  the 
county  treasury  the  same  amount  of  money  for  the  purchase  or  lease 
and  improvement  of  such  site  as  is  paid  by  such  agricultural  society  or 
individuals  for  such  purpose;  and  such  commissioners  may  levy  a  tax 
upon  all  the  taxable  property  of  the  county  sufficient  to  meet  the  provis- 
ions of  this  section. 

(3702-1)  Sec.  1.  [Submission  of  question  if  issuing  bonds  to 
liquidate  debt  of  county  agricultural  society.]  In  all  counties  in 
which  there  may  be  a  county  agricultural  society  which  has  purchased 
a  site  whereon  to  hold  fairs,  or  where  the  title  to' such  grounds  is  vested 
in  fee  in  the  county,  and  such  society  has  become  indebted  to  an  extent 
of  not  less  than  fifteen  thousand  dollars  upon  the  presentation  of  a  peti- 
tion signed  by  not  less  than  five  hundred  resident  electors  of  the  county 
praying  for  the  submission  to  the  electors  of  the  county  of  the  question 


32  LAWS    RELATING   TO   AGRICULTURE. 

whether  or  not  the  bonds  of  the  county  shall  be  issued  and  sold  for  the 
purpose  of  liquidating  the  indebtedness  of  such  society,  it  shall  be  the 
duty  of  such  county  commissioners  within  ten  days  thereafter,  by  res- 
olution, to  fix  a  date  which  shall  be  within  thirty  days,  upon  which  the 
question  of  issuing  and  selling  such  bonds,  in  amount  and  denomination 
such  as  may  be  necessary  for  the  purpose  in  view,  shall  be  submitted 
to  the  electors  of  the  county,  and  shall  cause  a  copy  of  such  resolution 
to  be  certified  to  the  deputy  state  supervisors  of  elections  of  the  county, 
and  such  deputy  state  supervisors  of  elections  shall,  within  ten  days 
thereafter,  proceed  to  prepare  the  ballots  and  make  all  other  necessary 
arrangements  for  the  submission  of  such  question  to  the  electors  of 
such  county,  at  the  time  fixed  by  such  resolution.  Such  election  shall 
be  held  at  the  regular  places  of  voting  in  such  county  and  shall  be  con- 
ducted, canvassed  and  certified  in*  the  same  manner,  except  as  otherwise 
provided  by  law,  as  elections  for  the  election  of  county  officers.  Fifteen 
days'  notice  of  the  submission  shall  by  the  deputy  state  supervisors  of 
elections,  be  given  by  publication  in  one  or  more  newspapers  published 
in  the  county  once  a  week  for  two  consecutive  weeks,  stating  the  amount 
of  bonds  to  be  issued,  the  purpose  for  which  they  are  to  be  issued  and  the 
time  and  place  of  holding  such  election  ;  and  if  the  majority  of  the  voters 
voting  upon  the  question  of  issuing  the  bonds  vote  in  favor  thereof, 
then  and  not  otherwise  the  bonds  shall  be  issued,  and  the  tax  hereinafter 
mentioned  shall  be  levied.  Those  who  vote  in  favor  of  the  proposition 
shall  have  written  or  printed  on  their  ballots  "for  the  issue  of  bonds"" 
and  those  who  vote  against  the  same  shall  have  written  or  printed  on 
their  ballots  "against  the  issue  of  bonds." 

(3702-2)  Sec.  2.  [Bonds.]  In  the  event  that  a  majority  of 
the  voters  of  such  county  voting  upon  the  question  of  issuing  the  bonds 
vote  in  favor  thereof,  it  shall  be  the  duty  of  the  board  of  county  commis- 
sioners, for  the  purpose  of  liquidating  such  indebtedness,  to  issue  and 
sell  the  bonds  of  the  county  according  to  law,  in  such  amount  as  may  be 
necessary,  and  bearing  interest  not  to  exceed  six  per  cent,  per  annum, 
payable  semi-annually. 

[Levy.]  Said  bonds  to  be  issued  for  a  period  of  not  less  than  ten 
nor  more  than  twenty  years ;  and  such  county  commissioners  shall  there- 
upon levy  a  tax  upon  all  the  taxable  property  upon  the  duplicate  of  the 
county  to  pay  such  bonds  as  they  may  mature  and  the  interest  thereon,, 
at  such  rate  and  for  such  length  of  time  as  may  be  necessarv  for  the 
purpose. 

(3702-3)  Sec.  3.  [Proceeds  used  in  liquidation  of  debt.]  The 
county  commissioners,  upon  the  sale  of  such  bonds,  shall,  from  the  pro- 
ceeds arising  from  such  sale,  pay  off  and  liquidate  the  indebtedness  for 
which  they  were  so  sold. 

(3702-4)  Sec.  1.  [Money  raised  for  county  agriculturtl  soci- 
eties applied  to  purposes  intended  by  act  though  life  of  act  expired/] 
Where  money  has  been  raised  by  taxation  in  any  county  for  the  pur- 
pose of  leasing  lands  for  county  fairs,  or  for  the  purpose  of  erecting 
buildings  for  county  fair  purposes,  or  for  making  any  improvements  on 
county  fair  grounds,  or  for  any  purpose  connected  with  the  use  of 
county  fair  ground  or  the  management  thereof  by  any  county  agricultural 
society,  shall  be  used  for  such  purpose  only,  notwithstanding  the  law 
under  which  money  was  raised  by  taxation  may  have  expired  bv  limita- 
tion ;  such  moneys  shall  be  used"  for  the  purposes  intended  by  the  act 
under  which  such  moneys  were  levied  and  collected  bv  taxation." 


LAWS   RELATING   TO   AGRICULTURE.  66 

Sec.  3702a.  [Commissioners  in  certain  counties  may  assist  agri- 
cultural societies  in  purchasing,  leasing  or  improving  sites  for  fairs.  ] 

When  a  county  society  in  a  county  containing  a  city  of  second  grade  of 
the  first  class  has  purchased  or  leased  for  a  term  of  not  less  than  twenty 
years,  real  estate  as  a  site  whereon  to  hold  fairs,  or  when  the  title  to 
the  grounds  is  vested  in  fee  in  the  county,  but  the  society  has  the  -control 
and  management  of  the  lands  and  buildings  the  county  commissioners 
may  if  they  think  it  for  the  interests  of  the  county  and  society,  pay 
out  of  the  county  treasury  the  same  amount  of  money  for  the  purchase 
or  lease  and  improvement  of  such  site  or  either  of  them  as  is  paid  by 
such  agricultural  society  or  individuals  for  such  purpose  or  either  of 
them,  and  such  commissioners  may  levy  a  tax  upon  all  the  taxable 
property  of  the  county  sufficient  to  meet  the  provisions  of  this  section. 

Sec.  37026.  [Commissioners  may  levy  tax  for  encouragement  of 
agricultural  fairs.]  When  a  county  has  purchased  or  leased  for  a 
term  of  not  less  than  twenty  years,,  real  estate  as  a  site  whereon  to  hold 
fairs,  or  where  the  title  to  the  grounds  is  vested  in  fee  in  the  county, 
but  the  agricultural  society  has  the  control  and  management  of  the  lands 
and  buildings,  or  when  such  lands  and  buildings  are  held  by  lease  from 
any  such  society  by  another  society,  association  or  incorporated  com- 
pany, the  county  commissioners  are  authorized  for  the  purpose  of  encour- 
aging agricultural  fairs,  to  annually  levy  a  tax  of  not  exceeding  one- 
tenth  of  one  mill  upon  all  the  taxable  property  of  the  county,  for  the 
purpose  of  raising  not  to  exceed  one  thousand  dollars  in  any  county, 
which  sum  shall  be  paid  by  the  treasurer  of  the  county  to  the  treasurer 
of  agricultural  society  except  in  case  of  such  lease  by  such  society 
when  such  sum  shall  be  paid  to  the  treasurer  of  such  lessee  society, 
association  or  incorporated  company  upon  an  order  from  the  county 
auditor  duly  issued  therefor; 

[Payment  in  anticipation  of  levy.]  And  the  county  commission- 
ers prior  to  the  levy  of  any  such  tax,  may,  if  they  think  it  for  the  interest 
of  the  county  and  society,  pay  out  of  the  county  treasury  any  sum  not 
exceeding  one  thousand  dollars,  as  herein  provided,  out  of  any  money 
in  the  general  fund  not  otherwise  appropriated. 

Sec.  3703.  [County  commissioners  may  purchase  fair  grounds.] 
If  a  county  society  and  the  county  commissioners  decide  that  the  interests 
of  the  society  and  county  demand  an  appropriation  from  the  county 
treasury  for  the  purchase  and  improvement  of  county  fair  grounds 
greater  than  that  authorized  by  the  preceding  section,  or  without  any 
action  of  or  purchase  by  the  society,  the  commissioners  may  levy  a  tax 
upon  all  the  taxable  property  of  the  county,  the  amount  of  which  shall 
be  fixed  by  the  commissioners,  but  shall  in  no  event  exceed  one-half  of 
one  mill  on  the  dollar  of  the  taxable  property  of  the  county  in  addition 
to  the  amount  authorized  in  the  last  section  to  be  paid  for  such  purpose. 

Sec.  3704.  [The  tax  must  be  submitted  to  the  electors.]  No 
such  additional  tax  shall  be  levied  until  the  question  as  to  the  amount 
to  be  levied  has  been  submitted  by  the  commissioners  to  the  qualified 
electors  of  the  county  at  some  general  election,  and  a  notice  of  which, 
specifying  the  amount  to  be  levied,  has  been  given  at  least  thirty  days 
previous  to  such  election,  in  one  or  more  newspapers  published  and  of 
general  circulation  in  the  county ;  those  voting  at  such  election  in  favor 
of  such  tax  shall  have  written  or  printed  on  their  ballots  "Agricultural 
tax,  Yes,"  and  those  voting  against  the  same,  "Agricultural  tax,  No," 

3     F.  H.   B. 


34  LAWS   RELATING   TO   AGRICULTURE. 

and  if  a  majority  of  the  votes  cast  be  in  favor  of  paying  such  tax,  the 
same  may  be  levied  and  collected  as  other  taxes;  and  when  such  tax  is 
collected  by  the  county  treasurer,  the  auditor  shall  issue  his  order  for 
the  amount  so  collected  to  the  treasurer  of  the  county  agricultural 
society,  on  his  filing  with  the  auditor  an  undertaking,  in  double  the 
amount  so  collected,  with  good  and  sufficient  sureties  to  be  approved  by 
the  auditor,  conditioned  for  the  faithful  paying  over  and  accounting  to 
such  society  for  such  funds. 

Sec.  3705.  [When  real  estate  vests  in  the  county.]  When  a 
society  is  dissolved  or  ceases  to  exist,  in  any  county  where  payments  have 
been  made  for  real  estate,  or  improvements  upon  such  real  estate,  or  for 
the  liquidation  of  indebtedness,  for  the  use  of  such  society,  all  such  real 
estate  and  improvements  shall  vest  in  fee  simple  in  the  county  by  which 
such  payments  were  made. 

Sec.  3705a.  [Insurance  on  fair  ground  property.]  The  county 
commissioner^  of  any  county  owning  agricultural  or  fair  ground  property 
be  and  are  hereby  authorized  to  keep  the  buildings  thereon  insured,  if 
deemed  proper  by  said  commissioners. 

(3705-n)  Sec.  1.  [Corporations  for  the  apprehension  and  con- 
viction of  horse-thieves,  etc.]  Any  number  of  persons  not  less  than 
fifteen,  a  majority  of  whom  shall  be  residents  of  the  state  of  Ohio,  are 
hereby  authorized  to  become  incorporated  for  the  purpose  of  apprehend- 
ing and  convicting  horse-thieves  and  other  felons. 

(3705-12)  Sec.  2.  [Seal;  constitution;  officers;  oath  of  office; 
certificate  of  appointment  or  election;  powers  of  officers  and  mem- 
bers.] Any  association  so  incorporated  may  make  and  use  a  common 
seal  with  the  name  of  the  corporation  thereon.  A  majority  of  the  mem- 
bers of  such  association  shall  have  power  to  adopt  a  constitution  and 
by-laws  for  their  government;  and  may  elect  or  appoint  such  officers  as 
they  may  deem  proper,  who  shall  hold  their  office  during  the  term  pro- 
vided for  by  the  constitution  and  by-laws  thereof,  and  win  shall  per- 
form the  duties  required  of  them  by  said  constitution  and  by-laws,  and 
the  provisions  of  this  act;  and  the  presiding  officer  of  any  such  asso- 
ciation or  corporation  may  administer  the  proper  oaths  of  office  to  any 
of  its  officers  or  members,  and  certify  the  appointment  or  election  thereof 
under  the  seal  of  said  corporation.  The  presiding  officer  may  also 
appoint  deputies,  not  exceeding  one  in  each  township,  in  any  county  or 
counties  where  such  corporation  is  located,  who  may  administer  said 
oath  of  office,  or  membership,  and  certify  the  appointment  or  election 
thereof,  which  shall  be  valid  when  approved  by  said  presiding  officer 
under  the  seal  of  said  corporation,  and  the  officers  or  members  of  said 
association  or  corporation,  upon  the  proper  certificate  of  the  presiding 
officer  thereof,  when  so  elected  or  appointed,  shall  have  full  power  and 
authority,  when  a  felony  has  been  committed,  to  pursue  and  arrest, 
without  warrant,  any  person  or  persons  whom  they  believe  or  have 
reasonable  cause  to  believe  is  guilty  of  the  offense,  and  arrest  and  detain 
such  alleged  criminal  or  criminals  in  any  county  in  the  state  to  which 
they  may  have  fled,  and  return  such  accused  person  or  persons  to  anv 
officer  of  the  county  in  which  he  offense  was  committed,  and  there  detain 
such  accused  person  or  persons  until  a  legal  warrant  can  be  obtained 
for  his  or  their  arrest. 

(3705-i3)  Sec.  3.  [Assessments;  indemnity  for  losses;  expen- 
ditures.] Any  such  association  may  make  and  collect  from  its  mem- 
bers such  assessments  as  may  be  authorized  by  its  constitution  or  by- 


LAWS    RELATING   TO    AGRICULTURE.  35 

laws,  and  may,  if  so  provided  in  its  constitution,  indemnify  its  members 
for  losses  caused  by  horse  thieves  or  other  felons,  and  expend  such 
moneys  as  may  be  deemed  necessary  in  the  pursuit  and  arrest,  and  pro- 
curing the  conviction  of  felons. 

(3705-14)  Sec.  4.  [Reimbursement  of  expenses  by  county.] 
Upon  the  apprehension  and  conviction  of  any  such  horse  thief~or~other 
felon  by  any  such  association,  the  commissioners  of  the  county  in  which 
the  crime  was  committed,  may  reimburse  said  association  in  any  sum 
not  exceeding  one  hundred  dollars,  for  necessary  expenses,  not  other- 
wise provided  for  by  law,  incurred  in  the  apprehension  and  conviction 
of  such  criminal. 

Sec.  3706.  [Societies  may  sell,  and  purchase  other  sites.]  When 
a  county  society  desires  to  sell  its  site  for  holding  county  fairs,  for  the 
purpose  of  purchasing  another  site,  it  may  sell  the  same  in  such  manner 
and  on  such  terms  as  it  may  deem  proper,  and  the  money  arising  from 
the  sale  shall  be  paid  by  the  purchaser  to  the  county  treasurer,  who 
shall  pay  it  out  only  upon  the  certificate  of  the  president  and  secretary 
of  the  society  that  "the  same  is  to  be  used  in  the  purchase  or  improve- 
ment of  another  site,  which  site  the  certificate  shall  show  to  have  been 
purchased  ;  and  in  cases  where  the  county  has  paid  any  portion  of  the 
purchase  money  for  the  site  proposed  to  be  sold,  the  written  consent 
of  the  county  commissioners  shall  first  be  given  to  such  sale,  and  the 
money  shall  not  be  paid  out  of  the  treasury  without  their  consent. 

Sec.  3707.  [How  conveyances  to  be  executed.]  Conveyances 
of  grounds  sold  under  the  preceding  section,  which  are  owned  exclu- 
sively by  any  society,  may  be  executed  by  the  president  of  the  society 
as  such  president ;  and  grounds  owned  partly  by  the  society  and  partly 
by  the  county  may  be  conveyed  by  deed  executed  by  the  president  of 
the  society,  as  such  president,  and  by  the  county  commissioners. 

Sec.  3708.  [Society  cannot  incumber  its  grounds.]  When  the 
commissioners  of  any  county  have  paid,  or  hereafter  pay,  any  money  out 
of  the  county  treasury  for  the  purchase  of  real  estate  as  a  site  for  any 
agricultural  society  whereon  to  hold  its  fairs,  such  society  shall  not 
incumber  such  real  estate  with  any  debt,  by  mortgage  or  otherwise, 
without  the  consent  of  the  commissioners. 

Sec.  3709.  [Incorporation  of  township  societies.]  When  any 
number  of  natural  persons  of  any  township  form  a  society  for  the  pro- 
motion of  agriculture  in  such  township,  and  under  their  hands  and  seals 
make  a  certificate,  and  acknowledge  the  same  before  a  justice  of  the 
peace,  in  which  shall  be  specified  the  name  of  the  society,  the  objects 
of  its  formation,  and  the  township  in  which  it  shall  be  located,  and  file 
the  same  in  the  office  of  the  secretary  of  state,  such  society  shall  be 
deemed  a  body  corporate,  with  succession,  and  with  power  to  sue  and 
be  sued,  defend  and  be  defended,  and  contract  and  be  contracted  with, 
may  make  and  use  a  common  seal,  and  the  same  alter  at  pleasure,  and 
may  purchase  and  hold  in  fee  simple,  or  rent  or  lease,  such  real  estate 
as  may  be  required  as  a  site  for  holding  fairs,  not  exceeding  forty  acres, 
and  establish  all  necessary  rules  and  regulations  for  the  management 
of  such  fairs  and  the  legitimate  business  of  the  society. 

Sec.  37oq<7.  [Authorizing  township  societies  to  incorporate  for 
the  detection  of  horse  thieves  and  other  criminals  and  for  mutual  pro- 
tection of  property  against  such.]  When  any  number  of  natural  per- 
sons of  any  township,  form  a   society,  for  the  detection  and  arrest  of 


36  LAWS   RELxVTING   TO   AGRICULTURE. 

horse  thieves  and  other  criminals,  and  for  the  mutual  protection  of  the 
property  of  its  members,  such  society  may  become  a  body  corporate  in 
the  manner  prescribed  in  section  thirty-seven  hundred  and  nine  of  the 
Revised  Statutes,  to  which  this  is  supplementary,  with  the  right  of 
succession,  and  the  right  to  make  and  use  a  common  seal,  and  with 
power  to  sue  and  be  sued,  to  contract  and  be  contracted  with,  to  levy 
and  collect,  by  suit,  if  necessary,  such  assessments  not  exceeding  three 
dollars  annually  from  each  member,  as  may  be  required  to  carry  out 
the  objects  of  the  society,  and  to  make  for  such  society  needful  rules 
and  regulations  not  in  conflict  with  the  laws  of  this  state. 

Sec.  3710.  [Justices  of  the  peace  may  appoint  special  constables.] 
A  justice  of  the  peace  may,  on  the  application  of  a  state,  county,  town- 
ship, or  an  independent  agricultural  society,  or  industrial  association, 
appoint  a  suitable  number  of  special  constables  to  assist  in  keeping  the 
peace  during  the  time  when  such  society  is  holding  its  annual  fair,  and 
shall  make  an  entry  in  his  docket  of  the  number  and  names  of  all  such 
persons  so  appointed. 

Sec.  371  i.  [Powers  of  such  constables.]  Constables  so  ap- 
pointed shall  have  all  the  power  of  constables  to  suppress  riots,  dis- 
turbances and  breaches  of  the  peace  ;  they  may,  upon  view,  arrest  any 
person  guilty  of  a  violation  of  any  of  the  laws  of  the  state,  and  may 
pursue  and  arrest  any  person  fleeing  from  justice  in  any  part  of  the 
state;  and  they  may  apprehend  any  person  in  the  act  of  committing 
an  offense,  and,  upon  reasonable  information,  supported  by  affidavit, 
procure  process  for  the  arrest  of  any  person  charged  with  a  breach  of 
the  peace,  and  forthwith  bring  such  person  before  the  competent  au- 
thority, and  enforce  all  the  laws  for  the  preservation  of  good  order. 

Sec.  3712.  [Duties  of  certain  officers  to  suppress  sale  of  liquor 
at  fairs.]  A  judge  of  any  court,  sheriff,  coroner,  justice  of  the  peace 
of  the  proper  county,  a  constable  of  the  proper  township,  or  the  con- 
stables specially  appointed,  shall,  upon  view  or  information,  without 
warrant,  apprehend  any  person  selling  intoxicating  liquors  in  violation 
of  law  at  or  within  two  miles  of  the  place  where  an  agricultural  fair  is 
being  held,  and  seize  the  booth,  tent,  wagon,  carriage,  stand,  vessel,  or 
boat  at  or  from  which  such  liquors  are  being  sold,  and  convey  the  same 
to  a  place  of  safe  keeping,  and  take  the  person  so  offending  before  some 
officer  having  competent  jurisdiction,  together  with  an  inventory  of  the 
things  so  seized,  and  the  officer  before  whom  such  offender  is  brought, 
shall  proceed  forthwith  to  inquire  into  the  truth  of  the  accusation,  and 
proceed  as  provided  by  law. 

Sec.  3713.  [How  articles  seized  to  be  disposed  of.]  The  arti- 
cles so  seized  shall  be  bound  for  the  payment  of  all  fines  and  costs 
assessed  against  the  accused  in  the  proceeding,  including  the  necessary 
expenses  of  seizing  and  detaining  the  same,  and  shall  remain  in  the 
possession  of  the  officer  who  makes  the  seizure  until  the  determination 
of  the  prosecution,  and  may  be  sold  on  process  issued  therein  against 
the  accused. 


FARMERS     INSTITUTES. 

(37I3-T)  Sec.  i.  [When  farmers'  institute  society  deemed  body 
corporate.]  That  when  twenty  or  more  persons,  residents  of  any 
county  in  the  state,  organize  themselves  into  a  farmers'  institute  society,, 
for  the  purpose  of  teaching  better  methods  of  farming,   stock   raising,. 


LAWS   RELATING  TO   AGRICULTURE.  37 

fruit  culture  and  all  branches  of  business  connected  with  the  industry 
of  agriculture,  and  adopt  a  constitution  and  by-laws  agreeable  to  rules 
and  regulations  furnished  by  the  state  board  of  agriculture ;  and  when 
such  society  shall  have  elected  proper  officers  and  performed  such  other 
acts  as  may  be  required  by  the  rules  of  the  state  board  of  agriculture, 
.such  society  shall  be  deemed  a  body  corporate. 

(3713-2)  Sec.  2.  [Number,  times  and  places  of  annual  meet- 
ings.] Not  to  exceed  four  farmers'  institute  societies  organized  under 
the  provisions  of  this  act,  shall  hold  annual  meetings  under  the  auspices 
of  the  state  board  of  agriculture  in  any  one  county  of  the  state,  and  the 
state  board  of  agriculture  shall  have  power  to  determine  the  number 
and  name  the  times  and  places  for  holding  such  institute  meetings. 

(37I3~3)  Sec.  3.  [County  payments  to  societies  and  state  board 
•of  agriculture.]  When  a  society  organized  under  the  provisions  of 
this  act  shall  have  held  an  annual  farmers'  institute  meeting  in  ac- 
cordance with  the  rules  of  the  state  board  of  agriculture,  the  secretary 
of  said  board  shall  issue  certificates,  one  to  the  president  of  the  farmers' 
institute  society,  and  one  to  the  president  of  the  state  board  of  agricul- 
ture, setting  forth  these  facts  and,  on  the  presentation  of  these  certificates 
to  the  county  auditor,  he  shall  each  year  draw  orders  on  the  treasurer 
of  the  county  as  follows:  Based  on  the  last  previous  national  census, 
a  sum  equal  to  three  mills  for  each  inhabitant  of  the  county  in  favor 
of  the  president  of  the  state  board  of  agriculture,  and  a  sum  equal  to 
three  mills  for  each  inhabitant  of  the  county  in  favor  of  the  president 
of  the  farmers'  institute  society,  where  but  one  society  is  organized,  but 
in  counties  where  there  are  more  than  one  farmers'  institute  society 
organized  under  the  provisions  of  this  act,  and  holding  meetings  under 
the  auspices  and  by  direction  of  the  state  board  of  agriculture,  the  said 
three  mills  for  each  inhabitant  shall  be  equally  apportioned  among  such 
societies,  and  warrants  in  the  proper  amounts  issued  to  the  respective 
presidents,  and  the  treasurer  of  the  county  shall  pay  the  same  from 
the  county  fund  ;  provided  that  in  no  county  shall  the  total  annual  sum 
exceed  two  hundred  and  fifty  dollars ;  and  provided  further  that  the 
payment  to  any  institute  society  shall  not  exceed  the  expenses,  as  per 
detailed  statement,  provided  in  section  four  of  this  act. 

(37*3-4)  Sec.  4.  [Society's  statement  of  expenses;  what  sec- 
retary's certificate  to  indicate.]  With  each  certificate  of  the  secretary 
of  the  state  board  of  agriculture  to  the  county  auditor,  which  certificate 
shall  indicate  the  number  of  societies  organized  in  the  county  and  hold- 
ing meetings  by  direction  of  the  state  board  of  agriculture,' and  before 
the  auditor  issues  his  order  upon  the  treasurer  there  shall  be  filed  with 
the  auditor  a  detailed  statement  of  the  expenses  of  the  institute  for  the 
current  year,  no  part  of  which  shall  be  for  salaries  of  officers  of  the 
institute  society ;  but  this  provision  shall  not  apply  to  the  order  in  favor 
of  the  president  of  the  state  board  of  agriculture,  which  board  shall 
issue  statement  as  required  in  section  six  of  this  act. 

(37I3-5)  Sec.  5.  [Lectures  at  annual  meetings.]  At  the  an- 
nual farmers'  institute  meetings,  held  under  the  provisions  of  this  act 
and  under  the  auspices  of  the  state  board  of  agriculture,  the  said  board 
shall  furnish  lecturers  or  speakers  whose  compensation  and  expense 
shall  be  paid  by  the  board. 

(37I3"6)  Sec.  6.  [Publication  and  distribution  of  lectures  and 
papers.]     At  the  close  of  each  session's  institute  work,  the  state  board 


38  LAWS   RELATING   TO   AGRICULTURE. 

of  agriculture  shall  publish  in  pamphlet  or  book  form,  such  lectures  and 
papers  delivered  at  the  several  institute  meetings,  as  may  seem  of  gen- 
eral interest  and  importance  to  the  farmers,  stock  breeders  and  horti- 
culturists of  the  state,  copies  of  which  shall  be  furnished  the  secretary 
of  each  institute  society,  and  the  balance  issued  to  be  for  general  dis- 
tribution ;  the  cost  of  preparing  the  matter  and  the  distribution  of  the 
pamphlet  or  book  to  be  paid  by  the  state  board  of  agriculture.  Said 
board  shall  also  publish,  in  such  pamphlet  or  book,  a  detailed  statement 
of  its  receipts  under  the  provisions  of  this  act  and  the  disbursements 
on  account  of  institute  work. 

TRESPASS. 

(37I3"7.)  Sec.  i.  [Trespass.]  That  whenever  any  person  or 
persons,  corporation  or  association,  whether  incorporated  or  otherwise, 
shall  be  possessed  of,  as  owners,  or  shall  have  the  lawful  custody  of  any 
tract  or  parcel  of  land  within  this  state,  for  the  purpose  of  an  agricul- 
tural or  other  fair  grounds,  or  for  the  purpose  of  meetings  of  pioneers, 
or  for  public  or  private  entertainments  or  other  lawful  assemblages,  or 
for  the  protection  of  trees,  plants  and  shrubs,  or  either  of  them,  or  the 
fruits  and  products  thereof,  or  for  any  one  or  all  of  said  purposes,  it 
shall  be  unlawful  for  any  person  or  persons  to  enter  or  go  upon  said 
grounds,  either  through  or  over  any  fence,  or  in  any  other  manner, 
without  the  consent  and  permission  of  the  owner  or  owners  thereof,  or 
other  person  having  lawful  control  of  the  same,  or  in  violation  of  the 
regulations  of  the  same. 

(37*3-8)  Sec.  2.  [Penalty.]  Whoever  shall  wilfully,  and  in 
violation  of  the  provisions  of  section  one  (3713-7)  of  this  act,  enter  or 
go  upon  any  lands  referred  to  in  said  section  one  (3713-7),  or  shall  injure 
or  destroy  any  tree,  plant,  shrub  or  other  property  thereon,  or  shall 
take  or  carry  away  fruit,  nut  or  other  thing  of  value,  or  shall  willfully 
damage  or  destroy  any  fence  enclosing  said  lands,  shall  on  conviction 
thereof  be  fined  in  any  sum  not  exceeding  three  hundred  dollars  nor 
less  than  five  dollars,  or  be  imprisoned  in  the  jail  of  the  proper  county, 
or  in  any  city,  town,  or  village  prison  or  lockup  (when  the  offense  shall 
have  been' committed  within  the  corporate  limits  thereof),  for  any  period 
not  exceeding  three  months,  and  until  said  fine  and  costs  are  paid,  or 
both  fine  and  imprisonment  at  the  discretion  of  the  court ;  and  shall 
moreover  be  liable,  in  a  civil  action  to  the  party  damaged  thereby,  in 
double  the  value  of  the  property  taken,  carried  away  or  destroyed,  and  in 
double  the  amount  of  the  damage  thereto,  to  be  recovered  before  a 
justice  of  the  peace  or  other  court  of  competent  jurisdiction. 

(37x3-9)  Sec.  3.  [Prosecutions  hereunder.]  Prosecutions  un- 
der and  by  virtue  of  this  act,  may  be  by  indictment  in  the  court  of  com- 
mon pleas  in  the  county  where  the  offense  shall  have  been  committed, 
or  before  a  justice  of  the  peace  of  such  county,  or  before  the  mayor 
of  a  city,  town,  or  village,  when  *he  offense  shall  have  been  committed 
within  the  corporate  limits  of  the  same. 

APPROPRIATION. 

(3713-10)  Sec.  1.  [Proceedings  for  appropriation  of  lands  for 
enlargement  of  fair  grounds.]  When  it  shall  be  deemed  necessary  by 
the  board  of  directors  of  any  county  agricultural  society  to  enlarge  the 
fair  grounds  under  the  control  of  such  societv,  and  the  owner  or  owners  of 


LAWS   RELATING   TO   AGRICULTURE.  39 

the  proposed  addition  to  said  grounds  and  the  said  board  of  directors  are 
unable  from  any  cause  to  agree  upon  the  sale  and  purchase  of  said  ad- 
ditional grounds,  the  board  shall  make  an  accurate  plat  and  description 
of  the  land  which  it  desires  for  said  purpose  and  file  the  same  with  the 
probate  judge  of  the  proper  county;  and  thereupon  the  same  proceed- 
ings of  appropriation  shall  be  had  which  are  provided  for  the  appro- 
priation of  private  property  by  municipal  corporations,  said  board  to  act 
for  such  society  therein  as  the  council  would  for  the  municipai~corpora- 
tion. 

(3713-11)  Sec  2.  [Board  of  directors  to  prosecute  proceed- 
ings.] That  if,  under  any  existing  law,  it  is  made  the  duty  of  the 
county  commissioners  to  purchase  any  such  additional  ground  for  the 
use  of. any  such  society,  said  board  of  directors  shall  prosecute  the  said 
proceedings  of  appropriation  to  their  final  conclusion,  except  so  far  as 
relates  to  payment,  or  any  part  of  the  purchase  money,  before  said  com- 
missioners shall  be  called  upon  to  act  in  the  matter.  All  such  payments 
or  deposits,  not  exceeding  fifteen  thousand  dollars  ($15,000)  in  amount, 
shall  be  made  by  said  commissioners  when  required  so  to  do  by  said 
board  of  directors,  or  by  the  court,  and  no  delay  on  the  part  of  said 
commissioners  shall  defeat  or  prevent  the  purchase  or  appropriation  afore- 
said. 


SOCIETIES    TO    PREVENT    CRUELTY    TO    ANIMALS. 

Sec.  3714.  ["Ohio  Humane  Society";  powers,  etc.;  representa- 
tives; the  object  of;  power  to  acquire  property;  board  for  manage- 
ment of  bequests,  etc.;  officers  and  rules;  agents;  powers  of  agents; 
branch   societies;   societies   now   organized   may   become  branches.] 

The  Ohio  state  society  for  the  prevention  of  cruelty  to  animals,  here- 
tofore incorporated,  shall  be  and  remain  a  body  corporate,  under  the 
name  of  "the  Ohio  humane  society"  with  all  the  powers,  privileges,  im- 
munities, and  duties  heretofore  possessed  by  said  Ohio  state  society  for 
prevention  of  cruelty  to  animals,  hereinafter  specified,  as  to  county  as- 
sociations, and  may  appoint  any  person,  in  any  county  in  this  state 
where  there  is  no  such  active  association,  to  represent  the  state  society, 
and  to  receive  and  account  for  all  funds  coming  to  the  society,  from 
fines  or  otherwise.  The  objects  of  said  society  and  all  societies  here- 
tofore or  hereafter  organized  under  sections  three  thousand  seven  hun- 
dred and  fifteen  and  three  thousand  seven  hundred  and  sixteen  of  the 
Revised  Statutes  shall  be  the  inculcation  of  humane  principles,  and  to 
secure  the  enforcement  of  laws  for  the  prevention  of  cruelty,  especially 
to  children  and  animals,  to  promote  which  object  the  said  societies  may 
respectively  acquire  property,  real  or  personal,  by  purchase  or  gift.  All 
property  acquired  by  gift,  devise,  or  bequest  for  special  purposes  shall 
be  vested  in  a  board  of  trustees  consisting  of  three  members  elected 
by  the  society,  which  board  shall  manage  said  property,  and  apply  the 
same  in  accordance  with  the  terms  of  the  gift,  devise,  or  bequest,  with 
power  to  sell  the  same  and  re-invest  the  proceeds.  Said  society  may  elect 
such  officers,  and  make  such  rules  and  regulations  and  by-laws  as  may 
be  deemed  necessary  or  expedient  by  their  members  for  their  own  gov- 
ernment and  the  proper  management  of  their  affairs.  Said  society  may 
appoint  agents  in  any  county  of  this  state,  where  no  active  society  exists 
under  sections  three  thousand  seven  hundred  and  fifteen  and  three  thou- 
sand seven  hundred  and  sixteen  of  the  Revised  Statutes  to  represent  the 


40  LAWS    RELATING   TO   AGRICULTURE. 

society,  and  receive  an  account  for  all  funds  coming  to  the  society  from 
fines  or  otherwise,  and  may  also  appoint  agents  at  large  to  prosecute 
the  work  of  said  society  throughout  the  state.  The  agents  of  said  so- 
ciety and  of  all  societies  heretofore  or  hereafter  organized  under  sec- 
tions three  thousand  seven  hundred  and  fifteen  and  three  thousand  seven 
hundred  and  sixteen  of  the  Revised  Statutes  whose  appointment  has 
been  approved  as  hereinafter  provided,  shall  have  power  to  arrest  any 
person  found  violating  any  law  for  the  protection  of  persons  or  ani- 
mals, or  the  prevention  of  cruelty  thereto,  and  upon  making  such  ar- 
rest shall  forthwith  convey  the  person  arrested  before  some  court  or 
magistrate  having  jurisdiction  of  the  offense,  and  there  make  com- 
plaint against  them,  but  said  agents  shall  not  be  authorized  to  make 
such  arrests  within  any  municipal  corporation  unless  their  appointment 
has  been  approved  by  the  mayor  thereof,  nor  within  any  county  beyond 
the  limits  of  a  municipal  corporation,  unless  their  appointment  has  been 
approved  by  the  probate  judge  of  said  county,  and  the  mayor  or  probate 
judge  shall  keep  a  record  of  all  such  appointments.  Branches  of  the 
society  consisting  of  not  less  than  ten  members  may  be  organized  in 
any  part  of  the  state  to  prosecute  the  work  of  the  societies  in  their 
several  localities,  under  rules  and  regulations  prescribed  by  the  society. 
Societies  for  the  prevention  of  acts  of  cruelty  to  animals  organized  in 
any  county  under  section  three  thousand  seven  hundred  and  fifteen 
may  become  branches  of  said  society  by  resolution  adopted  at  a  meeting 
thereof  called  for  that  purpose,  a  copy  of  which  resolution  shall  be  for- 
warded to  the  secretary  of  state. 

As  to  excess  of  dog  tax  in  Lucas  county,   see  latter  part  of  §  4215. 

Sec.  3715-  [Other  societies  authorized.]  Societies  for  the  pre- 
vention of  acts  of  cruelty  to  animals  may  be  organized  in  any  county, 
by  the  association  of  not  less  than  seven  persons,  and  the  members 
thereof  shall,  at  a  meeting  called  for  the  purpose,  elect  not  less  than 
three  of  their  members  directors,  who  shall  continue  in  office  until  their 
successors  are  duly  chosen. 

Sec.  3716.  [How  incorporated.]  The  secretary  or  clerk  of  the 
meeting  shall  make  a  true  record  of  the  proceedings  thereat,  which  he 
shall  certify,  and  forward  to  the  secretary  of  state,  who  shall  record  the 
same;  the  record  shall  contain  the  name  by  which  such  association  shall 
have  determined  to  be  known,  and  from  and  after  the  filing  of  the  same 
the  directors  and  associates,  and  their  successors,  shall  be  invested  with 
the  powers,  privileges,  and  immunities  incident  to  incorporated  com- 
panies ;  and  a  copy  of  the  record,  duly  certified  by  the  secretary  of  state, 
shall  be  deemed  and  taken,  in  all  courts  and  places  in  this  state,  as  evi- 
dence that  such  association  is  a  duly  organized  and  incorporated  body. 

Sec.  3717.  [May  elect  officers,  and  make  regulations.]  Such 
associations  may  elect  such  officers,  and  make  such  rules,  regulations, 
and  by-laws,  as  may  be  deemed  necessary  or  expedient  by  their  members 
for  their  own  government,  and  the  proper  management  of  their  affairs. 

Sec.  3718.  [Societies  to  prevent  cruelty  to  animals  may  appoint 
agents  to  enforce  law.]  Such  associations  may  appoint  agents  for 
the  purpose  of  prosecuting  any  person  guilty  of  any  act  of  cruelty  to 
persons  or  animals  within  this  state,  who  shall  have  power  to  arrest 
any  person  found  violating  any  of  the  provisions  of  this  chapter,  or 
any  other  law  for  the  purpose  of  protecting  persons  or  animals,  or  pre- 
venting any  act  of  cruelty  thereto ;  and,  upon  making  such  arrest,  such 


LAWS    RELATING    TO    AGRICULTURE.  41 

agent^  shall  convey  the  person  so  arrested  before  some  court  or  magis- 
trate having  jurisdiction  of  the  offense,  within  the  municipal  corpora- 
tion or  county  wherein  the  offense  was  committed,  and  there  forth- 
with make  complaint,  on  oath  or  affirmation,  of  the  offense;  but  all  ap- 
pointments by  such  associations  under  this  section  must  have  the  ap 
proval  of  the  mayor  of  the  city  or  village  in  which  the  association  exists, 
and  if  it  exists  outside  of  any  city  or  village  the  appointment  must  be 
approved  by  the  probate  judge  of  the  county;- and  the  mayor  or  pio~bate 
judge  shall  keep  a  record  of  all  such  appointments. 

Sec.  3718a.  [In  prosecutions  for  adulteration  of  food,  etc.;  for 
cruelty  to  animals;  judicial  proceedings  in  such  cases  before  justices; 
costs,  how  paid;  as  to  attorney.]  Any  justice  of  the  peace  within  his 
county  and  city,  and  police  judge  or  mayor  of  any  city  or  village  within 
his  city  or  village,  shall  have  jurisdiction  in  cases  of  violation  of  the 
laws  to  prevent  adulteration  of   food  and   drink,  the  adulteration  and 

I  deception  in  sale  of  dairy  products,  and  drugs  and  medicines,  and  any 
violation  of  the  law  for  prevention  of  cruelty  to  animals,  or  under  sec- 
tion 6984  of  Revised  Statutes,  or  section  6984a  therof,  as  herein  en- 
acted. Jf  such  prosecutions  be  before  a  justice  of  the  peace  and  a  trial 
by  jury  be  not  waived,  the  said  justice  shall  issue  a  venire  to  any  con- 
stable of  the  county,  containing  the  names  of  sixteen  electors  of  the 
county  to  serve  as  jurors  to  try  such  case  and  make  due  return  thereof. 
Each  party  shall  be  entitled  to  two  peremptory  challenges  and  shall  be 
subject  to  same  challenges  as  jurors  are  subject  to  in  criminal  cases  in 
court  of  common  pleas.  If  the  venire  of  sixteen  names  be  exhausted 
without  obtaining  the  required  number  to  fill  panel,  the  justice  may 
direct  the  constable  to  summon  any  of  the  bystanders  to  act  as  jurors ; 
provided,  that  in  all  cases  prosecuted  under  the  provisions  of  this  sec- 
tion, no  costs  shall  be  required  to  be  advanced  or  paid  by  person  or 
persons  authorized  under  the  law  to  prosecute  such  cases ;  and  pro- 
vided further,  that  in  all  cases  brought  under  the  provisions  of  this 
section,  if  the  defendant  be  acquitted,  or  if  convicted  and  committed  in 
default  of  paying  fine  and  costs,  the  costs  of  each  case  shall  be  certified 
under  oath  to  county  auditor,  who,  after  correcting  the  same,  shall 
issue  a  warrant  on  county  treasurer  in  favor  of  the  person  or  persons 
to  whom  such  costs  and  fees  shall  be  paid.  And  in  cases  brought  for 
any  violation  of  law  for  the  prevention  of  cruelty  to  animals,  or  under 
section  6984  of  Revised  Statutes,  or  under  section  6984a  or  7017-3 
thereof,  the  humane  society  or  their  agents,  may  employ  an  attorney  to 
prosecute  the  same,  who  shall  be  paid  for  his  services  out  of  the  county 
treasury,  as  the  county  commissioners  may  deem  just  and  reasonable. 

Sec.  3719.  [Magistrates  may  authorize  certain  inspections.] 
When  complaint  is  made,  on  oath  or  affirmation,  to  a  magistrate  or 
court  authorized  to  issue  warrants  in  criminal  cases,  that  the  complainant 
believes  that  any  of  the  provisions  of  law  relating  to  or  affecting  ani- 
mals are  being  or  are  about  to  be  violated  in  any  particular  building 
•or  place,  such  magistrate  or  court  shall  issue  and  deliver  immediately, 
a  warrant  directed  to  any  sheriff,  constable,  police  officer,  or  agent  of  such 
association,  authorizing  him  to  enter  and  search  such  building  or  place, 
and  to  arrest  any  person  there  present  violating,  or  attempting  to  violate, 
any  such  law,  and  to  bring  such  person  before  some  court  or  magistrate 
of  competent  jurisdiction  within  the  city,  village,  or  county  within  which 
such  offense  has  been  committed,  to  be  dealt  with  according  to  law,  and 
such  attempt  shall  be  held  to  be  a  violation  of  such  law,  and  shall  sub- 


42  LAWS    RELATING    TO    AGRICULTURE. 

ject  the  person  charged  therewith,  if  found  guilty,  to  the  penalties  pro- 
vided therein. 

Sec.  3719a.  [Duties  of  police  officer;  penalty.]  When  a  sheriff, 
constable,  marshal,  police  officer,  or  any  agent  for  any  duly  incorpor- 
ated society  for  the  prevention  of  cruelty  to  animals,  has  reason  to  be- 
lieve that  any  person  within  his  jurisdiction  is  about  to  violate  the  pro- 
visions of  section  sixty-nine  hundred  and  fifty-two,  of  the  Revised 
Statutes,  he  shall  forthwith  arrest  such  person  ,and  take  him  before  a 
magistrate  named  in  section  seventy-one  hundred  and  six;  upon  the 
proper  affidavit  being  filed,  such  officer  shall  hear  the  witnesses  pro- 
duced, on  oath,  and  if  he  find  the  complaint  true,  order  the  accused  to 
enter  into  a  recognizance,  with  sufficient  sureties,  in  a  sum  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars,  that  he  will- 
not  violate  the  provisions  of  said  section  sixty-nine  hundred  and  fifty- 
two,  within  one  year  thereafter,  within  this  state,  and  in  default  of  such 
recognizance  the  officer  shall  commit  the  accused  to  jail,  there  to  remain 
until  such  order  is  complied  with,  or  he  is  otherwise  discharged  by  due 
course  of  law,  or  until  he  shall  make  and  subscribe  an  oath,  in  the 
presence  of  two  witnesses,  that  he  will  not  violate  the  provisions  of  said 
section  six  thousand  nine  hundred  and  fifty-two  of  the  Revised  Statutes 
of  Ohio,  nor  aid  or  abet  in  so  doing  within  said  year.  Upon  convic- 
tion of  such  person  for  a  subsequent  violation  of  the  provisions  of  said 
section  within  said  year,  he  shall  be  fined  not  less  than  twenty-five  dol- 
lars ($25)  nor  more  than  five  hundred  dollars  ($500),  or  imprisoned  not 
less  than  thirty  days  nor  more  than  ninety  days,  or  both,  in  the  dis- 
cretion of  the  court. 

Sec.  3720.  [Police  powers  of  officers  and  agents.]  An  officer, 
agent,  or  member  of  any  such  association  may  interfere  to  prevent  the 
perpetration  of  any  act  of  cruelty  to  animals  in  his  presence,  and  may 
use  such  force  as  may  be  necessary  to  prevent  the  same,  and  to  that  end- 
may  summon  to  his  aid  any  bystanders. 

Sec.  3721.  [Interpretation  of  certain  words.]  In  this  chapter, 
and  in  every  law  of  the  state  relating  to  or  in  any  manner  affecting 
animals,  the  word  "animal"  shall  be  held  to  include  every  living  dumb- 
creature  ;  the  words  "torture,"  "torment,"  and  "cruelty,"  shall  be  held 
to  include  every  act,  omission,  or  neglect  whereby  unnecessary  or  un- 
justifiable pain  or  suffering  is  caused,  permitted,  or  allowed  to  con- 
tinue, when  there  is  a  reasonable  remedy  or  relief ;  and  the  words  "owner" 
and  "person"  shall  be  held  to  include  corporations ;  and  the  knowledge 
and  acts  of  agents  and  employes  Of  corporations,  in  regard  to  animals 
transported,  owned,  employed  by,  or  in  the  custody  of  a  corporation, 
shall  be  held  to  be  the  act  of  such  corporation. 

Sec.  3722.  [Member  may  require  police  officer  to  act.]  A  mem- 
ber of  any  such  association  may  require  the  sheriff  of  any  county,  the 
constable  of  any  township,  the  marshal  or  policemen  of  any  city  or 
village,  or  the  agent  of  any  such  association,  to  arrest  any  person  found 
violating  the  laws  in  relation  to  cruelty  to  persons  or  animals,  and  to 
take  possession  of  any  animal  cruelly  treated,  in  their  respective  counties, 
cities,  or  villages,  and  deliver  the  "same  to  the  proper  officers  of  such 
associations;  and  for  such  service,  and  for  all  services  rendered  in  car- 
rying out  the  provisions  of  this  chapter,  such  officers,  and  the  officers 
and  agents  of  the  association,  shall  be  allowed  and  paid  such  fees  as 
they  are  allowed  for  like  services  in  other  cases,  which  shall  be  charged 
as  costs,  and  reimbursed  to  the  association  by  the  person  convicted. 


LAWS    RELATING    TO    AGRICULTURE.  4& 

Sec.  3723.  [A  person  guilty  is  liable  in  damages.]  A  person 
guilty  of  cruelty  to  an  animal,  the  property  of  another,  shall  be  liable 
to  the  owner  thereof  in  damages,  in  addition  to  the  penalties  prescribed 
by  law. 

Sec.  3724.  [Conviction  of  agent  no  bar  to  action  against  prin- 
cipal.] The  conviction  of  an  agent  or  employe  shall  not  bar  an  action 
for  cruelty  to  animals  against  an  employer  for  allowing  a  state  of_facts 
to  exist  which  will  induce  cruelty  to  animals  on  the  part  of  such  agent 
or  employer. 

Sec.  3725.  [Any  person  may  protect  an  animal  from  neglect.] 
Whenever  it  may  be  necessary,  in  order  to  protect  any  animal  from  neg- 
lect, any  person  may  take  possession  of  the  same;  and  whenever  an  ani- 
mal is  impounded,  yarded  or  confined,  and  cotinues  without  necessary 
food,  water,  or  proper  attention  for  more  than  fifteen  successive  hours,, 
any  person  may,  from  time  to  time,  and  as  often  as  it  may  be  necessary, 
enter  into  and  upon  any  place  in  which  such  animal  is  so  impounded, 
yarded,  or  confined,  and  supply  it  with  necessary  food  -or  water  and. 
attention,  so  long  as  it  there  remains,  or  may,  if  necessary  or  conven- 
ient, remove  such  animal,  and  shall  not  be  liable  to  any  action  for 
such  entry ;  in  all  cases  the  owner  or  custodian  of  such  animal,  if 
known,  shall  be  immediately  notified  of  such  action,  by  the  person  taking 
possession  of  such  animal ;  if  the  owner  or  custodian  be  unknown,  and 
cannot  be  ascertained  with  reasonable  effort,  such  animal  shall  be  held 
to  be  an  estray,  and  shall  be  dealt  with  as  such ;  the  necessary  expense 
for  food  and  attention  given  to  any  animal  under  the  provisions  of 
this  section,  may  be  collected  of  the  owner  of  such  animal,  and  the 
animal  shall  not  be  exempt  from  levy  and  sale  upon  execution  issued 
upon  a  judgment  therefor. 

For  strays  and  drifts,    see  §  6627  et  seq. 

Sec.  3725a.  [Animal  may  be  ordered  killed.]  Any  sheriff,  con- 
stable, marshal,  policeman,  or  agent,  of  any  society  for  the  prevention 
of  cruelty  to  animals,  may  kill,  or  cause  to  be  killed  any  animal  found 
neglected  or  abandoned,  and  which  in  the  opinion  of  three  reputable 
citizens,  is  injured  or  diseased,  past  recovery  or  by  age  has  become  useless. 

This  section  is  unconstitutional:    Brice  v.  Humane  Society,  4  C.  C.  358. 

(3725-1)  Sec.  1.  [Removal  of  child  from  possession  of  parent 
by  officer  of  humane  society.]  Whenever  any  officer  or  agent  of  a 
society  in  this  state,  organized  under  title  2,  chapter  13,  of  the  Revised 
Statutes,  shall  deem  it  for  the  best  interest  of  any  child,  either  by  reason 
of  cruelty  'inflicted  upon  said  child  or  by  reason  of  the  surroundings  of 
the  child,  that  said  child  be  removed  from  the  possession  and  control  of 
the  parents  or  other  person  or  persons  having  charge  thereof,  said  officer 
or  agent  may  take  possession  of  said  child  summarily ; 

[Notice.]  And  shall  cause  a  notice  to  be  personally  served  upon 
the  person  having  control  or  possession  of  said  child,  and  upon  the- 
parent  or  parents  of  said  child,  if  within  the  state,  that  the  said  society 
will  apply  to  the  probate  court  of  the  county  in  which  said  society  is 
situated,  at  a  time  and  place  named  in  such  notice,  for  an  order  as 
hereinafter  set  forth. 

(3725-2)  Sec.  2.  [Order  of  probate  court  making  general  agent 
of  society  guardian  of  child.]  At  the  time  set  forth  in  said  notice, 
if  it  shall  appear  to  the  satisfaction  of  the  probate  judge,  that  it  is  for 
the  best   interest   of   said   child   that   possession   and   control   thereof  be: 


44  LAWS    RELATING   TO    AGRICULTURE. 

taken  from  said  parent  or  other  person  having  control  or  possession 
thereof,  said  probate  judge  shall  make  an  order  conferring  upon  the 
general  agent  of  said  society  the  powers  of  a  guardian  as  to  such  child : 
[Guardian  to  provide  home  for  child.]  And,  as  such  guardian, 
said  general  agent  may,  with  the  approval  of  the  probate  judge,  provide 
a  suitable  home  for  such  child  until  said  child  reaches  the  age  of  ma- 
jority or  until  such  time  as  the  probate  judge  may  be  satisfied  that  the 
parent  or  parents  of  said  child  are  in  a  position  to  properly  provide  and 
care  for  said  child.  . 

FARM    LABORERS'    ASSOCIATIONS. 

Sec.  3843.  [Farm  laborers'  association.]  No  association  incor- 
porated for  the  purpose  of  promoting  the  interests  of  agriculture,  and 
for  the  relief  of  distressed  farm  laborers,  or  their  widows  and  orphans, 
whether  such  widows  and  orphans  are  members  of  such  association  or 
not,  and  for  any  other  charitable  purpose,  shall  take  or  hold  any  real 
estate,  except  such  as  may  be  actually  occupied  in  the  exercise  of  its  legi- 
timate business,  and  such  as  it  may  acquire  in  security  for  or  satisfaction 
of  debts  justly  due  it;  but  real  estate  so  occupied  shall  not  in  any  case 
exceed  in  value  the  sum  of  fifty  thousand  dollars. 

Sec.  3844.  [What  investment  it  may  make.]  Such  associations 
shall,  after  paying  their  expenses,  invest  their  funds  exclusively  for  the 
purposes  mentioned  in  their  articles  of  incorporation,  and  may  invest 
the  same  in  mortgages  upon  real  estate,  or  in  county,  state,  or  United 
States  securities;  they  may  in  their  articles  of  incorporation,  designate 
the  kinds  of  securities  in  which  their  funds  shall  be  invested,  in  which 
case  no  part  thereof  shall  be  invested  in  securities  other  than  those  named 
therein;  but  they  shall  not  make  any  loan  to  any  of  their  trustees  or 
officers ;  and  they  may  take  by  gift,  subscription,  purchase,  devise,  or  loan  ; 
"but  no  loan  shall  be  taken  for  a  less  term  than  three  years  nor  for  a 
greater  term  than  twenty  years,  nor  to  an  amount  exceeding  one  hundred 
thousand  dollars,  nor  at  a  rate  of  interest  greater  than  four  per  centum, 
payable  semi-annually. 

Sec.  3845.  [Must  report  to  attorney-general.]  Every  such  as- 
sociation shall  make,  annually,  and  transmit  to  the  attorney-general,  under 
the  signatures  of  a  majority  of  the  trustees,  attested  by  the  clerk,  a  full 
and  true  statement  of  its  condition  and  affairs ;  and  for  any  wilful  neg- 
lect to  make  such  report  within  one  month  after  its  annual  meeting,  the 
attorney-general  may  proceed  against  such  association  for  the  forfeiture 
of  its  charter  for  such  neglect. 

Sec.  3846.  [Consolidation  of  two  associations.]  Any  unincor- 
porated association  or  society  organized  for  any  purpose  named  in  sec- 
tion thirty-eight  hundred  and  forty-three  may  be  consolidated  with  an 
association  incorporated  for  a  purpose  named  therein,  by  a  resolution  of 
■each,  adopted  by  not  less  than  two-thirds  of  its  members,  at  a  meeting 
called  for  that  purpose ;  such  resolutions,  and  the  votes  thereon,  shall 
be  recorded  by  the  clerk  of  the  corporate  association,  and  the  consolidated 
association  shall  thereupon  assume  the  name  or  title  of  the  corporate  as- 
sociation, and  be  entitled  to  all  its  privileges ;  but  the  members  of  the 
consolidated  association  shall  not  be  liable  for  the  debts  or  obligations  of 
the  unincorporated  association  or  society. 

Sec.  3847.  [Attorney-general  to  report  annually.]  The  attor- 
ney-general shall,  annually,  report  to  the  general  assembly,  in  a  condensed 


LAWS    RELATING   TO   AGRICULTURE.  4S 

form,  the  number  and  condition  of  such  associations,  as  derived  from  the 
annual  reports  of  the  trustees. 

Sec  3848,  [May  maintain  libraries,  etc.]  All  such  incorpor- 
ated associations  may  keep  and  maintain  libraries,  and  a  museum  of  art 
consisting  of  models  of  such  improved  instruments  and  machinery  as  are 
best  calculated  to  promote  the  interests  of  agriculture,  for  the  benefit 
of  such  associations,  under  such  rules  and  regulations  as  its  members 
from  time  to  time  adopt,  and  may  make  all  needful  by-laws  for  the  good 
government  and  regulation  of  the  same. 

Sec.  3858.  [Market-house  companies.]  A  company  incorpor- 
ated for  the  purpose  of  constructing  and  maintaining  a  market-house 
may  construct,  erect,  establish,  and  maintain,  at. the  place  named  in  its- 
articles  of  incorporation,  a  suitable  building  or  buildings  to  be  appropri- 
ated and  used  exclusively  as  a  public  market-house,  for  the  sale  and  vend- 
ing of  meats,  vegetables,  and  all  other  kinds  of  provisions,  and  of  fruits,, 
plants,  and  flowers,  and  all  other  articles  commonly  sold  and  vended  in 
public  market-houses  or  spaces,  on  market  days,  in  marvel  hours. 

Sec.  3859.  [Powers  of  such  companies.]  Such  companies  may 
rent,  lease,  sell,  or  dispose  of  stalls,  cellar  vaults,  or  other  divisions  or 
spaces  J.j  their  buildings,  in  such  manner,  and  upon  such  terms  and  con 
ditions,  as  the  directors  shall  determine ;  but  a  uniform  rule  in  renting 
or  leasing  such  stalls,  cellar  vaults,  or  other  divisions  or  spaces,  shall  be 
established,  printed  and  hung  in  conspicuous  places  in  the  buildings,  and. 
the  same  may  be  changed,  from  time  to  time,  by  the  directors  thereof; 
and  no  preference  shall  be  made,  by  any  variation  or  difference  in  rates  or 
prices,  in  favor  of  citizens  of  the  city  or  village  wherein  the  buildings 
are  erected,  and  against  farmers,  butchers,  or  producers  not  residing  in 
such  city  or  village,  and  no  rule,  regulation,  order,  or  condition  shall  be 
made  or  exacted  by  any  company  to  prevent  farmers,  butchers,  or  other 
persons  from  disposing  of  their  produce,  meats,  vegetables,  or  other 
articles,  in  such  quantities  and  upon  such  terms  as  they  may  deem  proper ; 
but  such  companies  shall  prohibit  and  prevent  in  their  buildings  the  use- 
of  false  weights  or  measures,  the  exposure  or  sale  of  any  diseased  or 
decaying  meats  or  vegetables,  and  any  offensive  or  injurious  articles. 

Sec.  4183.  [County  auditor  to  take  possession  of  and  sell  es- 
cheated lands.]  Any  real  property  escheated  to  the  state,  except  in 
a  city  of  the  first  grade  of  the  first  class,  shall  be  taken  possession  of,  in 
the  name  of  the  state,  by  the  auditor  of  the  county  in  which  it  is  found, 
and  by  him  sold  at  public  auction,  at  the  county  seat  of  the  county,  to  the 
highest  bidder,  after  having  given  thirty  days'  notice  of  such  intended 
sale,  4n  some  newspaper  printed  within  the  county. 

Sec  4184.  [Appraisal,  terms  of  sale,  and  deed.]  The  court  of 
common  pleas  shall,  on  the  application  of  the  county  auditor,  appoint 
three  disinterested  freeholders  of  the  county,  to  appraise  such  real  pro- 
perty, who  shall  be  governed  by  the  same  rule  as  appraisers  in  sheriffs' 
or  administrators'  sales ;  and  the  auditor  shall  sell  such  property  at  not 
less  than  two-thirds  its  appraised  value,  and  may,  in  his  discretion,  sell 
the  same  for  cash,  or  for  one-third  cash,  and  the  balance  in  equal  annual 
payments,  the  deferred  payments  to  be  amply  secured ;  upon  the  payment 
of  the  whole  amount  of  consideration  money,  he  shall  execute  a  deed  to- 
the  purchaser,  in  the  name  and  on  behalf  of  the  state  of  Ohio ;  and  the 
proceeds  of  such  sales  shall  be  paid  by  the  auditor  to  the  county  treasurer.. 


46  LAWS    RELATING    TO    AGRICULTURE. 

Sec.  4185.  [When  lands  sold,  how  proceeds  disposed  of.]  The 
county  treasurer  shall  pay  the  proceeds,  not  exceeding  six  hundred  dollars 
in  any  case,  of  a  sale  of  escheated  lands  to  the  regularly  organized  agri- 
cultural society  within  the  county,  and  the  excess  of  such  proceeds,  or 
the  whole  thereof,  if  there  be  no  such  society  within  the  county,  to  the 
treasurer  of  state,  as  other  moneys  collected  for  state  purposes,  for  the  use 
of  the  state  agricultural  fund. 

(4200-9)  Sec  I.  [Regulating  sale  of  milk;  penalty.[  Who- 
ever, by  himself  or  by  his  servant,  or  agent,  or  as  the  servant  or  agent  of 
any  other  person,  sells,  exchanges,  or  delivers,  or  has  in  his  custody  or 
possession  with  intent  to  sell  or  exchange,  or  exposes  or  offers  for  sale  or 
exchange,  adulterated  milk,  or  milk  to  which  water  or  any  foreign  substance 
has  been  added,  or  milk  from  sick  or  diseased  cows,  shall,  for  a  first 
offense,  be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two 
hundred  dollars ;  for  a  second  offense,  by  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  three  hundred  dollars,  or  by  imprisonment  in  the 
work-house  for  not  less  than  thirty  nor  more  than  sixty  days ;  and  for  a 
subsequent  offense,  by  fine  of  fifty  dollars,  and  by  imprisonment  in  the 
work-house  of  not  less  than  sixty  nor  more  than  ninety  days. 

(4200-10)  Sec2.  [Pure  milk;  penalty.]  Whoever,  by  him- 
self or  by  his  servant,  or  agent,  or  as  the  servant  or  agent  of  any  other 
person,  sells,  exchanges  or  delivers,  or  has  in  his  custody  or  possession, 
with  intent  to  sell  or  exchange,  or  exposes  or  offers  for  sale  as  pure  milk, 
any  milk  from  which  the  cream  or  part  thereof  has  been  removed,  shall  be 
punished  by  the  penalties  provided  in  the  preceding  section. 

(4200-11)  Sec.  3.  [Skimmed  milk;  penalty.]  No  dealer  in 
milk,  and  no  servant  or  agent  of  such  a  dealer,  shall  sell,  exchange, 
or  deliver,  or  have  in  his  custody  or  possession,  with  intent  to  sell, 
exchange  or  deliver,  milk  from  which  the  cream  or  part  thereof  has 
been  removed,  unless  in  a  conspicuous  place,  above  the  center,  upon 
the  outside  of  everv  vessel,  can  or  package,  from  which  or  in  which 
such  milk  is  sold,  the  words  "skimmed  milk"  are  distinctly  marked  in 
uncondensed  gothic  letters  not  less  than  one  inch  in  length.  Whoever 
violates  the  provisions  of  this  section  shall  be  punished  by  the  penalties 
provided  in  section  one  (4200-9). 

(4200-12)  Sec.  4.  [Adulterated  milk  defined.]  In  all  prose- 
cutions under  this  chapter,  if  the  milk  is  shown  upon  analysis,  to  contain 
more  than  eighty-eight  per  cent,  of  watery  fluid,  or  to  contain  less  than 
twelve  per  cent,  solids,  not  less  than  one-fourth  of  which  must  be  fat, 
it  shall  be  deemed  for  the  purpose  of  this  chapter  to  be  adulterated, 
and  not  of  good  standard  quality,  except  during  the  months  of  May 
and  June,  when  milk  containing  less  than  eleven  and  one-half  per  cent, 
-of  milk  solids  shall  be  deemed  to  be  not  of  good  quality. 

(4200-13)  Sec.  1.  [Butter  and  cheese;  imitations.]  No  per- 
son, by  himself  or  his  agent,  or  his  employe,  shall  render  or  manufacture 
for  sale  out  of  any  animal  or  vegetable  oils,  not  produced  from  un- 
adulterated milk  or  cream  from  the  same,  any  article  in  imitation  or 
semblance  of  natural  butter  or  cheese  produced  from  pure  unadulterated 
milk  or  cream  from  the  same,  nor  compound  with,  or  add  to  milk, 
cream  or  butter  any  acids  or  other  deleterious  substance,  or  animal 
fats  or  animal  or  vegetable  oils  not  produced  from  milk  or  cream,  so 
as  to  produce  any  article  or  substance,  or  any  human  food,  in  imitation 
■or  semblance  of  natural  butter  or  cheese,  nor  shall  sell,  keep  for  sale 
•or  offer  for  sale  any  article,   substance  or  compound   made,  manufac- 


LAWS    RELATING    TO    AGRICULTURE.  47 

tured  or  produced  in  violation  of  the  provisions  of  this  section,  whether 
such  article,  substance  or  compound  shall  be  made  or  produced  in  this 
state  or  elsewhere. 

(4200-14)  Sec.  2.  [''Natural  butter  and  cheese,"  etc.,  defined; 
oleomargarine.]  For  the  purpose  of  this  act  the  terms  "natural  but- 
ter and  cheese,"  "natural  butter  or  cheese  produced  from  pure_  unadul- 
terated milk  or  cream  from  the  same,  butter  and  cheese  made  from 
unadulterated  milk  or  cream,  butter  or  cheese,  the  product  of  the  dairy," 
and  butter  or  cheese  shall  be  understood  to  mean  the  products  usually 
known  by  the  terms  butter  and  cheese,  and  which  butter  is  manufac- 
tured exclusively  from  pure  milk  or  cream  or  both,  with  salt  and  with 
or  without  any  harmless  coloring  matter,  and  which  cheese  is  manu- 
factured exclusively  from  pure  milk  or  cream  or  both,  with  salt  and 
rennet  and  with  or  without  any  harmless  coloring  matter  or  sage.  It 
is  further  provided  that  nothing  in  this  act  shall  be  construed  to  pro- 
hibit the  manufacture  or  sale  of  oleomargarine,  in  a  separate  and  dis- 
tinct form,  and  in  such  manner  as  will  advise  the  consumer  of  its  real 
character,  free  from  any  coloring  matter  or  other  ingredient  causing 
it  to  look  like  or  to  appear  to  be  butter,  as  above  defined. 

(4200-15)  Sec.  3.  [Penalty. ]  Whoever  violates  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and  be  punished  by  a  fine 
of  not  less  than  one  hundred  dollars,  nor  more  than  five  hundred,  or 
not  less  than  six  months'  nor  more  than  one  year's  imprisonment,  for 
the  first  offense,  and  by  imprisonment  for  one  year  for  each  subsequent 
offense. 

(4200-16)  Sec.  t.  [Oleomargarine;  restrictions.]  No  person 
shall  manufacture,  offer  or  expose  for  sale,  sell  or  deliver,  or  have  in  his 
possession  with  intent  to  sell  or  deliver,  any  oleomargarine  which  con- 
tains any  methlv  (methyl)  orange,  butter  yellow,  annatto,  analine  dye, 
or  any  other  coloring  matter. 

(4200-17)  Sec  2.  [Placards  to  be  displayed  by  dealers.] 
Every  person  who  shall  offer  or  expose  for  sale,  sell  or  deliver,  or  have 
in  his  possession  with  intent  to  sell  or  deliver,  any  oleomargarine,  shall 
keep  a  white  placard  not  less  in  size  than  ten  by  fourteen  inches,  in  a 
conspicuous  place  where  the  same  may  be  easily  seen  and  read,  in  the 
store,  room,  stand,  booth,  vehicle  or  place  where  such  substance  is 
offered  or  exposed  for  sale,  on  which  placard  shall  be  printed  in  black 
letters,  not  less  in  size  than  one  and  one-half  inches  square,  the  words 
"oleomargarine  sold  here  ;"  and  said  placard  shall  not  contain  any  other 
words  than  the  ones  described ;  and  no  person  shall  sell  or  deliver  any 
oleomargarine  unless  it  be  done  under  its  true  name  and. each  package 
has  on  the  upper  side  thereof  a  label  on  which  is  printed  in  letters  not 
less  than  five-eighths  of  an  inch  square,  the  word  "oleomargarine."  and 
in  letters  not  less  than  one-eighth  of  an  inch  square,  the  name  and  per 
«cent.  of  each  ingredient  therein. 

(4200-18)  Sec.  3.  [Placards  to  be  displayed  by  hotel  proprie- 
tors and  others.]  Every  proprietor,  keeper,  manager  or  person  in 
charge  of  any  hotel,  boat,  railroad  car,  boarding-house,  restaurant,  eating- 
house,  lunch-counter  or  lunch-room,  who  therein  sells,  uses,  s'erves,  fur- 
nishes or  disposes  of  or  uses  in  cooking,  any  oleomargarine,  shall  dis- 
play and  keep  a  white  placard  in  a  conspicuous  place,  where  the  same 
may  be  easily  seen  and  read,  in  the  dining-room,  eating-room,  restau- 
rant, lunch-room  or  place  where  such  substance  is  furnished,  served, 
sold  or  disposed  of,  which  placard  shall  be  in  size  not  less  than  ten  by 


4^  LAWS    RELATING   TO    AGRICULTURE. 

fourteen  inches,  upon  which  shall  be  printed  in  black  letters,  not  less 
in  size  than  one  and  a  half  inches  square,  the  words  "oleomargarine 
sold  and  used  here,"  and  said  card  shall  not  contain  any  other  words 
than  the  ones  above  described,  and  such  proprietor,  keeper,  manager 
or  person  in  charge  shall  not  sell,  serve  or  dispose  of  such  substance 
as  for  butter  when  butter  is  asked  for  or  purported  to  be  furnished  or 
served. 

(4200-19)  Sec.  4.  [Oleomargarine  defined.]  The  word"oleo- 
margarine"  as  used  in  this  act  shall  be  construed  to  mean  any  substance, 
not  pure  butter  of  not  less  than  eighty  per  cent,  of  butter-fats,  which 
substance  is  made  as  substitute  for,  in  imitation  of,  or  to  be  used  as 
butter. 

(4200-20)  Sec.  5.  [Penalty.]  Any  manufacturer  who  violates 
any  of  the  provisions  of  this  act  shall,  upon  conviction  thereof,  be  fined 
in  any  sum  not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars ;  and  for  each  subsequent  offense,  in  addition  to  the  above 
fine,  may  be  imprisoned  in  the  county  jail  not  more  than  ninety  days. 
Any  other  person  violating  any  of  the  provisions  of  this  act  shall,  upon 
conviction  thereof,  be  fined  not  less  than  fifty  dollars  nor  more  than 
one  hundred  dollars. 

(4200-21)  Sec.  1.  [Branding  of  "filled  cheese"  and  "skimmed 
cheese.'']  Whoever,  by  himself  or  by  his  agents,  sells,  exposes  for 
sale,  or  has  in  his  possession  with  intent  to  sell,  any  article,  substance, 
or  compound  made  in  imitation  or  semblance  of  cheese,  or  a  substitute 
for  cheese,  and  not  made  exclusively  or  wholly  of  milk  or  cream  with 
salt,  rennet,  and  with  or  without  harmless  coloring  matter,  or  contain- 
ing any  fats,  oils  or  grease  not  produced  from  milk  or  cream,  shall 
have  the  words  "filled  cheese,"  and  all  cheese  made  exclusively  and 
wholly  from  milk  or  cream  with  salt,  rennet,  and  with  or  without  harm- 
less coloring  matter,  and  containing  less  than  twenty  per  cent,  of  pure 
butter  fat,  shall  have  the  words  "skimmed  cheese"  stamped,  labeled  or 
marked,  in  printed  letters  of  plain,  uncondensed  gothic  tvpe,  not  less 
than  one  inch  in  length,  so  that  the  words  cannot  easily  be  defaced, 
and  upon  the  side  of  every  cheese,  cheese-cloth  or  band  around  the 
same,  and  upon  the  top  and  side  of  every  tub,  firkin,  box  or  package 
containing  any  of  said  articles,  substance  or  compound.  And  in  case 
of  retail  sales  of  any  of  said  articles,  substance  or  compound,  not  in 
the  original  package,  the  seller  shall,  by  himself  or  by  his  agents,  attach 
to  each  package  so  sold,  and  shall  deliver  therewith  to  the  purchaser, 
a  label  or  wrapper  bearing  in  a  conspicuous  place  upon  the  outside  of 
the  package  the  words  "filled  cheese,"  or  "skimmed  cheese,"  as  the  case 
may  be,  in  printed  letters  of  plain,  uncondensed  gothic  type,  not  less 
than  one  inch  in  length. 

(4200-22)  Sec.  2.  [Penalty  for  violating  preceding  section.] 
Whoever,  by  himself  or  his  agents,  sells,  exposes  for  sale,  or  has  in  his 
possession  with  intent  to  sell,  any  article,  substance,  or  compound  made 
in  imitation  or  semblance  of  cheese  or  as  a  substitute  for  cheese,  except 
as  provided  in  section  1  (4200-21)  of  this  act,  and  whoever  with  intent 
to  deceive,  defaces,  erases,  cancels,  or  removes  any  mark,  stamp,  brand, 
label  or  wrapper  provided  for  in  said  section,  or  in  any  manner  shall 
falsely  label,  stamp  or  mark  any  box,  tub,  article,  or  package  marked, 
stamped  or  labeled  as  aforesaid,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  nor  more  than  one  hundred  dollars,  or  by  imprisonment  in 


LAWS   RELATING   TO   AGRICULTURE.  49 

the  county  jail  not  less  than  ten  nor  more  than  thirty  days  for  the  first 
offense  and  by  a  fine  of  not  less  than  one  hundred  nor  more  tnan  two 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
twenty  nor  more  than  sixty  days,  or  both  for  each  subsequent  offense. 

(4200-23)  Sec.  3.  [Penalty  for  selling  or  offering  imitation 
when  cheese  is  called  for.]  Whoever,  by  himself  or  his  agents,  sells 
or  offers  for  sale,  to  any  person  who  asks,  sends  or  inquires  for  cheese, 
any  article,  substance,  or  compound  made  in  imitation  or  semblance  ol 
cheese,  or  as  a  substitute  for  cheese,  not  made  entirely  from  milk  or 
cream,  with  salt,  rennet,  and  with  or  without  harmless  coloring  matter., 
and  containing  not  less  than 'twenty  per  cent,  pure  butter  fats,  shaM 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  ten  nor  more 
than  thirty  days  for  the  first  offense,  and  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  two  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  twenty  nor  more  than  sixty  days,  or  both, 
for  each  subsequent  offense. 

(4200-24)  Sec.  4.  [Penalty  for  selling,  etc.,  imitation  without 
proper  brands  and  placard.]  Whoever,  by  himself  or  his  agents,  sells 
or  offers  for  sale,  any  article,  substance,  or  compound  made  in  imitation 
or  semblance  of  cheese,  or  as  a  substitute  for  cheese  not  made  entirely 
from  milk  or  cream,  with  salt,  rennet,  and  with  or  without  harmless  color- 
ing matter,  not  marked  and  distinguished  by  all  the  marks,  words  and 
stamps  required  by  this  act,  and  not  having  in  addition  thereto  upon  the 
exposed  contents  of  every  opened  tub,  box,  or  parcel  thereof,  a  conspicu- 
ous placard  with  the  words  "filled  cheese,,  or  "skimmed  cheese"  as  the 
case  may  be  printed  thereon  in  plain,  uncondensed  letters,  Tot  less  than 
one  inch  long,  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  ten  nor  more  than  thirty  days  for  the  first  offense,  and  by  a  fine  of 
not  less  than  one  hundred  nor  more  than  two  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  less  than  twenty  nor  more  than  sixty 
days,  or  both,  for  each  subsequent  offense. 

(4200-25)  Sec.  5.  [Posting  of  placard  at  place  of  business.] 
Whoever,  by  himself  or  his  agents,  sells  "filled  cheese,"  or  "skimmed 
cheese"  or  any  substance  made  in  imitation  or  semblance  of  cheese,  or  as 
a  substitute  for  cheese,  not  made  entirely  from  milk  or  cream,  with  salt, 
rennet,  and  with  or  without  harmless  coloring  matter,  from  any  dwelling, 
store,  office  or  public  mart,  shall  have  conspicuously  posted  thereon  the 
placard  or  sign,  in  letters  not  less  than  four  inches  in  length  "filled  cheese 
sold  here,"  or  "skimmed  cheese  sold  here"  as  the  case  may  be.  Any  per- 
son neglecting  or  failing  to  post  the  placard  herein  provided  for  shall  be 
punished  by  a  fine  of  one  hundred  dollars  for  the  first  offense,  and  by  a 
fine  of  one  hundred  dollars  for  each  day's  neglect  thereafter. 

(4200-26)  Sec.  6.  [Placard  on  sides  of  vehicle.]  Whoever,  by 
himself  or  his  agents,  peddles,  sells,  solicits  orders  for  the  future  delivery 
of,  or  delivers  from  any  cart,  wagon  or  other  vehicle,  upon  the  public 
streets  or  ways,  "filled  cheese,"  or  "skimmed  cheese"  or  any  substance 
made  in  imitation  or  semblance  of  cheese,  or  as  a  substitute  for  cheese,  not 
made  entirely  from  milk  or  cream,  with  salt,  rennet,  and  with  or  without 
harmless  coloring  matter,  not  having  on  both  sides  of  said  cart,  wa^on,  or 
other  vehicle,  the  placard  in  uncondensed  gothic  letters  not  less  than  three 
inches  in  length,  "filled  cheese"  or  "skimmed  cheese,"  shall  be  punished 

4      F.    IT.   B. 


50  LAW'S  RELATING  TO  AGRICULTURE. 

by  a  fine  of  not  less  than  fifty  nor  more  than  one  hundred  dollars  or  by 
imprisonment  in  the  county  jail  not  less  than  ten  nor  more  than  thirty 
days  for  the  first  offense,  and  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  two  hundred  dollars  or  by  imprisonment  in  the  county  jail 
not  less  than  twenty  nor  more  than  sixty  days,  or  both,  for  each  subse- 
quent offense. 

(4200-27)  Sec.  7.  [Notice  to  guests,  etc.]  Whoever,  by  him- 
self or  his  agents,  furnishes,  or  causes  to  be  furnished,  in  any  hotel,  res- 
taurant, or  [at]  any  lunch-counter  "filled  cheese,"  or  "skimmed  cheese" 
or  any  substance  made  in  imitation  or  semblance  of  cheese,  or  as  a  sub- 
stitute for  cheese,  not  made  entirely  from  milk  or  cream,  with  salt,  rennet, 
and  with  or  without  harmless  coloring  matter,  to  any  guest  or  patron  of 
said  hotel,  restaurant  or  lunch-counter,  in  the  place  or  stead  of  cheese, 
shall  notify  said  guest  or  patron  that  the  substance  so  furnished  is  not 
cheese,  and  any  person  so  furnishing  without  said  notice,  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars  for  each 
effense. 

(4200-28)  Sec.  1.  [Branding.]  Every  manufacturer  of  full 
milk  cheese  may  put  a  brand  upon  each  cheese  so  manufactured  indicat- 
ing "full  milk  cheese,"  with  the  date  and  year  when  made,  and  no  person 
shall  use  such  a  brand  upon  any  cheese  made  from  milk  from  which  any 
of  the  cream  has  been  taken.  The  food  and  dairy  commissioner  shall 
procure  and  issue  to  the  cheese  manufacturers  of  the  state,  upon  proper 
application,  which  application  shall  be  made  on  or  before  the  first  day  of 
April,  1896,  and  on  or  before  the  first  day  of  xApril,  of  each  year  there- 
after, and  under  such  regulations  as  to  the  custody  and  use  thereof,  as  he 
may  describe,  a  uniform  stencil  brand  bearing  a  suitable  device  or  motto, 
and  the  words,  "Ohio  state  full  cream  cheese."  Every  such  brand  shall 
be  used  upon  the  outside  of  the  cheese,  cheese-cloth  or  band  around  the 
same,  and  upon  the  box  or  package  containing  the  same,  and  shall  bear 
a  separate  number  for  each  separate  factory.  The  said  commissioner 
shall  keep  a  book  in  which  shall  be  registered  the  name,  location  and 
number  of  each  manufacturer  using  the  brand,  and  the  name  or  names 
of  the  person  or  persons  in  each  factory  authorized  to  use  the  same.  No 
such  brand  shall  be  used  upon  any  other  but  full  cream  cheese  or  pack- 
ages containing  the  same;  provided  that  nothing  in  this  section  shall  be 
construed  to  prohibit  the  manufacture  and  sale  of  pure  skimmed  cheese 
made  from  milk  that  is  clean,  pure,  healthy,  wholesome,  and  unadulter- 
ated except  by  skimming.  The  commissioner  shall  receive  a  fee  of  one 
dollar  for  each  registration  according  to  the  provisions  of  this  section, 
such  fee  to  be  paid  by  the  person  applying  for  such  registration.  Who- 
ever, by  himself  or  his  agents,  violates  any  of  the  provisions  of  this  sec- 
tion, shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  one 
hundred  dollars  or  by  imprisonment  in  the  county  jail  not  less  than  ten 
nor  more  than  thirty  days  for  the  first  offense,  and  by  a  fine  of  not  less 
than  one  hundred  nor  more  than  two  hundred  dollars  or  by  imprisonment 
in  the  county  jail  not  less  than  twenty  nor  more  than  sixty  days,  or  both 
for  each  subsequent  offense. 

(4200-29)  Sec  9.  ["Person"  defined.] The  word  "person"  as 
used  in  this  act,  shall  include  persons,  corporations  and  companies. 

(4200-30)  Sec  1.  [Restrictions  on  sale  of  artificial  dairy  pro- 
ducts.] That  no  person  shall  sell,  expose  or  offer  for  sale  or  ex- 
change, any  substance  purporting,  appearing,  or  represented  to  be  butter 


LAWS    RELATING    TO    AGRICULTURE.  51 

or  cheese,  or  having  the  semblance  of  either  butter  or  cheese,  which  sub- 
stance is  not  made  wholly  from  pure  milk,  or  cream,  salt  and  harmless 
coloring  matter,  unless  it  is  done  under  its  true  name,  and  each  vessel, 
package,  roll  or  parcel  of  such  substance  has  distinctly  and  durably  painted, 
stamped,  stenciled  or  marked  thereon  the  true  name  of  such  substance  in 
ordinary  bold  faced  capital  letters,  not  less  than  five  line  pica  in  size,  and 
also  the  name  of  each  article  or  ingredient  used  or  -entering 
into  the  composition  of  such  substance,  in  ordinary  bold  faced 
letters,  not  [less]  than  pica  in  size,  or  sell  or  dispose  of  in 
any  manner  to  another  any  such  substance,  without  delivering  with 
each  amount  sold  or  disposed  of,  a  label  on  which  is  plainly  or  legibly 
printed  in  ordinary  bold  faced  capital  letters,  not  less  than  five  line  pica 
in  size,  the  true  name  of  such  substance,  and  also  the  name  of  such  articles 
used  and  entering  into  the  composition  of  such  substance  in  ordinary 
bold  faced  letters,  not  less  than  pica  in  size,  if  the  same  be  not  made 
wholly  from  pure  milk  or  cream,  salt  and  harmless  coloring  matter ;  and 
the  words  "butter,"  "creamery,"  or  "dairy,"  or  any  word  or  combination 
of  words  embracing  the  same  shall  not  be  placed  on  any  vessel,  package, 
roll  or  parcel  containing  any  imitation  dairy  product  or  substance  not 
made  wholly  from  pure  milk,  or  cream,  salt,  and  harmless  coloring  matter. 

(4200-31)  Sec.  2.  [Restrictions  on  manufacture  of.]  No  per- 
son or  persons  shall  manufacture  out  of  any  oleaginous  substance  or  sub- 
stances, or  any  compound  of  the  same  other  than  that  produced  from  un- 
adulterated milk  or  cream,  salt  and  harmless  coloring  matter,  any  article 
designed  to  be  sold  as  butter  or  cheese  made  from  pure  milk  or  cream, 
salt  and  harmless  coloring  matter.  Nothing  in  this  section  shall  prevent 
the  use  of  pure  skimmed  milk  in  the  manufacture  of  cheese. 

(4200-32)  Sec.  3.  [Further  restrictions  on  manufacture;  sale 
of,  etc.]  No  person  or  persons  shall  manufacture,  mix,  compound 
with  or  add  to  natural  or  pure  milk,  cream,  butter  or  cheese,  any  animal 
fats,  animal,  mineral  or  vegetable  oils,  nor  shall  any  person  or  persons 
manufacture  any  oleaginous  or  other  substance  not  produced  from  pure 
milk  or  cream,  salt  and  harmless  coloring  matter,  or  have  the  same  in  his 
possession,  or  offer  or  expose  the  same  for  sale  or  exchange  with  intent 
to  sell  or  in  any  manner  dispose  of  the  same  as  and  for  butter  and  cheese 
made  from  unadulterated  milk  or  cream,  salt  and  harmless  coloring  mat- 
ter, nor  shall  any  substance  or  compound  so  made  be  sold  or  disposed  of 
to  any 'one  as  and  for  butter  or  cheese  made  from  pure  milk  or  cream, 
salt  and  harmless  coloring  matter. 

(4200-33)  Sec.  4.  [False  brands  and  labels.]  No  person  or 
persons  shall  sell,  exchange,  expose  or  offer  for  sale  or  exchange,  dispose 
of  or  have  in  his  possession  any  substance  or  article  made  in  imitation-or 
resemblance  of,  or  as  a  substitute  for  any  dairy  product  which  is  falsely 
branded,  stenciled,  labeled  or  marked  as  to  the  place  where  made,  the 
name  or  cream  value  thereof,  its  composition  or  ingredients,  or  in  any 
other  respect. 

(4200-34)  Sec.  5.  [Brands,  continued;  skimmed  milk  cheese.] 
No  person  or  persons  shall  sell,  exchange,  expose  or  offer  for  sale  or  ex- 
change, dispose  of  or  have  in  his  possession  any  dairy  products  which 
are  falsely  branded,  stenciled,  labeled  or  marked  as  to  the  place  where 
made,  date  of  manufacture,  the  name  or  cream  value  thereof,  composition 
or  ingredients,  or  in  any  other  respect,  and  cheese  wholly  made  from 
skimmed  milk  shall  have  branded  upon  the  box  or  can  "made  from 
■skimmed  milk." 


52  LAWS   RELATING   TO    AGRICULTURE. 

(4200-35)  Sec.  6.  [Card  to  be  displayed  by  dealers  in  artificial 
dairy  products;  sale  of  less  than  original  package.]  Every  person  in 
this  state  who  shall  deal  in,  keep  for  sale,  expose  or  offer  for  sale  or  ex- 
change, any  substance  other  than  butter  or  cheese  made  wholly  from  pure 
milk  or  cream,  salt  and  harmless  coloring  matter,  which  appears  to  be, 
resembles,  or  is  made  in  imitation  of,  or  as  a  substitute  for  butter  or 
cheese,  shall  keep  a  card  not  less  in  size  than  ten  by  fourteen  inches,  in  a 
conspicuous  and  visible  place  where  the  same  may  be  easily  seen  and  read 
in  the  store,  room,  stand,  booth,  wagon  or  place  where  such  substance  is, 
on  which  card  shall  be  printed,  on  a  white  ground,  in  bold,  black  Roman 
letters,  not  less  in  size  than  twelve  line  pica,  the  words  "oleomargarine" 
or  "imitation  cheese"  (as  the  case  may  be),  "sold  here,"  and  said  card 
shall  not  contain  any  other  words  than  the  ones  above  prescribed;  and 
no  person  shall  sell  any  oleomargarine,  suine,  imitation  cheese,  or  other 
imitation  dairy  product,  at  retail  or  in  any  quantity  less  than  the  original 
package,  tub  or  firkin,  unless  he  shall  first  inform  the  purchaser  that  the 
substance  is  not  butter  or  cheese,  but  an  imitation  of  the  same. 

(4200-36)  Sec.  7.  [Card  to  be  displayed  by  keepers  of  hotels, 
restaurants,  etc.]  Every  proprietor,  keeper,  or  manager,  or  person  in 
charge  of  any  hotel,  boarding  house,  restaurant,  eating  house,  lunch  coun- 
ter, or  lunch  room,  who  therein  sells,  uses,  or  disposes  of  any  substance 
which  appears  to  be,  resembles,  or  is  made  in,  or  as  an  imitation  of,  or  is 
made  as  a  substitute  for  butter  or  cheese,  under  whatsoever  name,  and 
which  substance  is  not  wholly  made  from  pure  milk  or  cream,  salt,  and 
harmless  coloring  matter,  shall  display  and  keep  a  card  in  a  conspicuous 
place,  where  the  same  may  be  easily  seen  and  read  in  the  dining,  eating, 
restaurant,  and  lunch  room,  and  place  where  such  substance  is  sold,  used, 
or  disposed  of,  which  card  shall  be  white  and  in  size  not  less  than  ten  by 
fourteen  inches,  upon  which  shall  be  printed  in  plain,  bold,  black  Roman 
letters,  not  less  in  size  than  twelve  line  pica,  the  words  "oleomargarine 
sold  and  used  here,"  or  "imitation  cheese  sold  and  used  here"  (as  the  case 
may  be),  and  said  card  shall  not  contain  any  other  words  than  the  ones 
above  described,  and  such  proprietor,  keeper,  manager,  or  person  in  charge 
shall  not  sell,  furnish,  or  dispose  of  such  substance  as  and  for  "butter 
and  cheese,"  made  from  pure  milk  or  cream,  salt,  and  harmless  coloring 
matter,  when  butter  or  cheese  is  asked  for. 

(4200-37)  Sec.  8.  [Fraudulent  shipments.]  No  person  or  per- 
sons shall  pack,  box,  inclose,  ship  or  consign  any  substance,  as  butter  or 
cheese  made  from  pure  milk  or  cream,  salt,  and  harmless  coloring  matter, 
in  such  a  manner  as  to  conceal  an  inferior  article  by  placing  a  finer  grade 
of  butter  or  cheese  upon  the  surface  of  the  same. 

(4200-38)  Sec.  9.  [Sale  of  diluted  milk;  false  accounts.]  No 
person  or  persons  shall  sell  to  any  person,  or  deliver  or  carry  or  cause  to  be 
carried  to  any  cheese  or  butter  factory  to  be  manufactured,  any  milk  diluted 
with  water  or  in  any  way  adulterated,  or  from  which  any  cream  has  been 
taken,  or  milk  commonly  known  as  "skimmed  milk,"  or  milk  from  which 
[the]  part  known  as  "strippings"  has  been  withheld  with  the  intent  to  de- 
fraud, or  keeps  or  renders  any  false  account  of  the  quantity  or  weight  of 
milk  furnished  at  or  to  any  factory  for  manufacture  or  sold  to  any  manu- 
facturer. 

(4200-39)  Sec.  10.  [Impure  and  skimmed  milk.]  No  person 
or  persons  shall  sell,  exchange,  or  offer  for  sale  or  exchange,  any  unclean,, 
impure,  unhealthy,  unwholesome  milk,  or  sell,  exchange,  or  offer  for  sale 


LAWS    RELATING    TO    AGRICULTURE.  53 

or  exchange  as  "pure  milk,"  milk  diluted  with  water  or  milk  known  as 
skimmed  milk. 

(4200-40)  Sec.  11.  [Milk  falsely  labeled,  etc.]  No  person  or 
persons  shall  sell,  exchange,  expose,  or  offer  for  sale  or  exchange,  have  in 
his  possession  or  dispose  of  in  any  manner,  any  milk  which  is  falsely 
branded,  labeled,  marked  or  represented  as  to  grade,  quantity  or  place 
where  produced  or  procured.  

(4200-41)  Sec.  12.  [Cows  unhealthy  fed,  etc.]  No  person 
shall  keep  cows  for  the  production  of  milk  for  any  purpose,  in  a  cramped 
or  unhealthy  condition,  or  feed  them  on  unhealthy  food,  or  upon  food  that 
prduces  impure,  unhealthy  or  unwholesome  milk. 

(4200-42)  Sec  13.  [Condensed  milk.]  No  person  shall  man- 
ufacture, sell,  exchange,  expose  or  offer  for  sale  or  exchange,  any  con- 
densed milk,  unless  the  package,  can  or  vessel  containing  the  same  shall 
be  distinctly  labeled,  stamped  or  marked  with  its  true  name,  brand,  by 
whom  and  under  what  name  made,  and  no  condensed  milk  shall  be  made, 
exchanged,  exposed  or  offered  for  sale  or  exchange,  unless  the  same  be 
made  from  pure,  clean,  healthy,  fresh  unadulterated  and  wholesome  milk, 
from  which  the  cream  has  not  been  removed,  or  unless  the  proportion  of 
milk  solids  contained  in  the  condensed  milk  shall  be  in  amount  the  equiva- 
lent of  twelve  per  centum  of  milk  solids  in  crude  milk,  and  of  such  solids 
twenty-five  per  centum  shall  be  fat. 

(4200-43)  Sec  14.  [State  institutions.]  No  butter  or  cheese 
not  made  wholly  from  pure  milk  or  cream,  salt  and  harmless  coloring  mat- 
ter, shall  be  used  in  any  of  the  charitable  or  penal  institutions  of  the  state. 

(4200-44)  Sec  15.  [Penalties.]  Any  person  or  persons  violat- 
ing any  of  the  provisions  or  sections  of  this  act  shall,  upon  conviction 
thereof,  be  fined  not  less  than  fifty  or  more  than  two  hundred  dollars  for 
the  first  offense,  or  for  each  subsequent  offense  not  less  than  one  hundred 
dollars  or  more  than  five  hundred  dollars,  and  be  imprisoned  not  less 
than  ten  days  or  more  than  ninety  days,  or  both. 

(4200-50)  Sec  1.  [Adulterated  vinegar;  its  manufacture  and 
•sale  forbidden.]  No  person  shall  manufacture  for  sale,  offer  or  expose 
for  sale,  sell  or  deliver,  or  have  in  his  possession  with  intent  to  sell  or 
deliver,  any  vinegar  not  in  compliance  with  the  provisions  of  this  act. 
No  vinegar  shall  be  sold  as  apple,  orchard  or  cider-vinegar  which  is  not 
the  legitimate  product  of  pure  apple-juice,  known  as  apple-cider;  or 
vinegar  not  made  exclusively  of  said  apple-cider;  or  vinegar  into  which 
foreign  substance,  drugs  or  acids  have  been  introduced,  as  may  appear 
upon  proper  test,  and  upon  said  test  shall  contain  not  less  than  two  per 
cent.,  by  weight,  of  cider-vinegar  solids  upon  full  evaporation  at  the 
temperature  of  boiling  water. 

(4200-51)  Sec  2.  [Fermented  and  distilled  vinegars.]  All 
vinegar  made  by  fermentation  and  oxidation  without  the  intervention 
of  distillation  shall  be  branded  "fermented  vinegar,"  with  the  name  of 
the  fruit  or  substance  from  which  the  same  is  made.  And  all  vinegar 
made  wholly  or  in  part  from  distilled  liquor  shall  be  branded  "distilled 
vinegar,"  and  all  such  distilled  vinegar  shall  be  free  from  coloring  mat- 
ter added  during  or  after  distillation  and  from  color  other  than  that  im- 
parted to  it  by  distillation.  And  all  fermented  vinegar  not  distilled  shall 
contain  not  less  than  two  per  cent.,  by  weight,  upon  full  evaporation 
{at  the  temperature  of  boiling  water),  of  solids,  contained  in  the  fruit 
or  grain  from  which  said  vinegar  is  fermented,  and  said  vinegar  shall 


54  LAWS   RELATING   TO   AGRICULTURE. 

contain  not  less  than  two-and-a-half-tenths  of  one  per  cent.  ash.  or  min- 
eral matter,  the  same  being  the  product  of  the  material  from  which 
acid  vinegar  is  manufactured.  And  all  vinegar  shall  be  made  wholly 
from  the  fruit  or  grain  from  which  it  purports  to  be  or  is  represented 
to  be  made,  and  shall  contain  no  foreign  substance,  and  shall  contain: 
not  less  than  four  per  cent.,  by  weight,  of  absolute  acetic  acid. 

(4200-52)  Sec.  3.  [Injurious  ingredients;  branding.].  No  per- 
son shall  manufacture  for  sale,  offer  for  sale,  or  have  in  his  possession 
with  intent  to  sell,  any  vinegar  found  upon  proper  test  to  contain  any 
preparation  of  lead,  copper,  sulphuric  or  other  mineral  acids,  or  other 
ingredients  injurious  to  health.  And  all  packages  containing  vinegar 
shall  be  branded  on  the  head  of  the  cask,  barrel  or  keg  containing  such 
vinegar,  or  if  sold  in  other  packages  that  each  package  be  plainly  marked 
with  the  name  and  residence  of  the  manufacturer,  together  with  brand 
required  in  section  two  (4200-51)  hereof. 

(4200-54)  Sec.  4.  [Penalty.]  Whoever  violates  any  of  the- 
provisions  of-  this  act  shall,  upon  conviction,  be  fined  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars,  or  imprisoned  not  less  than 
thirty  days  nor  more  than  one  hundred  days,  or  both,  and  shall  be  ad- 
judged to  pay,  in  addition,  all  necessary  costs  and  expenses  incurred  in 
inspection  and  analyzing  such  vinegar. 

[Brands  on  casks  of  vinegar.]  Every  person  making  or  manu- 
facturing cider  vinegar,  who  is  not  a  domestic  manufacturer  of  cider 
or  cider  vinegar,  shall  brand  on  each  head  of  the  cask,  barrel  or  keg 
containing  such  vinegar,  the  name  and  residence  of  the  manufacturer, 
the  date  when  same  was  manufactured,  and  the  words  "cider  vinegar." 
And  no  vinegar  shall  be  branded  "fruit  vinegar"  unless  the  same  be 
made  wholly  from  apples,  grapes,  or  other  fruit. 

[Manufacturing  farmer.]  Provided  that  nothing  in  this  bill  shall 
be  construed  to  prevent  any  farmer  from  manufacturing  for  his  own 
private  use,  or  offering  for  sale,  not  to  exceed  twenty-five  barrels  in 
any  one  year,  pure  cider  or  other  fruit  vinegar,  branding  the  same  "do- 
mestic cider  vinegar,"  with  name  and  date  of  manufacturer,  and  when 
so  branded,  shall  be  sufficient  guarantee  of  its  purity. 

(4200-55)  Sec.  5.  [Penalties.]  Whoever  violates  any  of  the 
provisions  of  this  act  shall,  upon  conviction,  be  fined  not  less  than  fifty 
dollars,  nor  more  than  one  hundred  dollars  or  imprisoned  not  less  than 
thirty  days,  nor  more  than  one  hundred  days,  or  both,  and  shall  be 
adjudged  to  pay  in  addition  all  necessary  costs  and  expenses  incurred 
in  inspecting  and  analyzing  such  vinegar.  And  all  vinegar  not  in  ac- 
cordance with  this  act  shall  be  subject  to  forfeiture  and  spoliation. 

(4200-62)  Sec.  1.  [Maple  sugar  and  syrup  defined.]  That  ma- 
ple sugar,  or  pure  maple  sugar,  and  maple  syrup,  or  pure  maple  syrup, 
shall  be  the  unadulterated  product  produced  by  the  evaporation  of  pure 
sap  from  the  maple  tree. 

(4200-63)  Sec.  2.  [Standard  of  weight  of  maple  syrup;  adul- 
teratation.]  The  standard  of  weight  of  a  gallon  of  maple  syrup  of 
231  cubic  inches  in  the  state  of  Ohio,  shall  be  eleven  pounds.  Any  other 
substance  mixed  w;th  maple  sugar  or  maple  syrup  or  any  other  sub- 
stance purporting  to  be  maple  sugar  or  maple  syrup  shall  ;be  deemed 
-to  be  an  adulteration  within  the  meaning  of  the  laws  of  the  state  of. 
Ohio,  providing  against  the  adulteration  of  food. 


LAWS    RELATING   TO   AGRICULTURE.  55 


RUNNING   AT    LARGE. 

Sec.  4201.  [What  animals  shall  not  run  at  large ;  penalties  against 
owner.]  The  owner  or  keeper  of  a  stallion,  jack,  bull,  boar,  or  buck, 
shall  not  allow  the  same  to  go  or  be  at  large,  out  of  his  own  inclosure, 
under  penalty  of  ten  dollars  for  the  first  offense,  and  of  twenty-five  dol- 
lars for  each  and  every  subsequent  offense,  to  be  recovered__by  civil 
action,  in  the  name  of  the  state  of  Ohio,  before  a  justice  of  [the]  peace 
of  the  township  in  which  such  owner  or  keeper,  or  either  of  them  may 
reside ;  and  such  penalty  shall  be  for  the  benefit  of,  and,  when  collected 
paid  into  the  common  school  fund  of  the  township  in  which  the  suit 
is  brought ;  but  such  suit  shall  be  brought  within  sixty  days  after  such 
animal  is  found  to  be  at  large. 

Sec.  4202.  [Certain  animals  not  to  run  at  large;  penalty.]  No 
person  or  corporation  being  the  owner  or  having  the  charge  of  any 
horses,  mules,  cattle,  sheep,  goats,  swine,  clogs  or  geese  shall  suffer 
the  same  to  run  at  large  in  any  public  road  or  highway,  or  in  any  street, 
lane  or  alley,  or  upon  any  uninclosed  land  or  cause  such  animals  to  be 
herded,  kept  or  detained  for  the  purpose  of  grazing  the  same  on  premises 
other  than  those  owned  or  occupied  by  the  owner  or  keeper  of  such 
animals,  except  as  hereinafter  provided ;  and  any  person  violating  the 
provisions  of  this  section  shall  forfeit  and  pav  for  every  such  violation, 
a  penalty  therefor,  not  less  than  one  dollar,  nor  more  than  five  dollars ; 
continued  violation  after  notice,  or  prosecution,  shall  be  held  to  be  an 
additional  offense  for  each  and  every, day  of  such  continuance. 

Sec  4203.  [County  commissioners  may  grant  permission  for 
animals  to  run  at  large ;  duties  of  road  supervisors  as  to  animals  run- 
ning at  large.]  General  permission  may  be  granted  by  the  Commis- 
sioners of  any  county  for  any  animal  named  in  the  preceding  section  to 
run  at  large  in  their  respective  counties ;  in  counties  where  there  is  no 
general  permission,  township  trustees  may  grant  special  permits  directed 
to  individuals,  and  for  particular  animals  described  therein,  revocable 
at  the  discretion  of  the  township  trustees  upon  three  days'  notice,  in 
writing,  to  the  owner  of  such  animal ;  and  such  permission  whether 
general  or  special  shall  terminate  on  the  first  Monday  of  March  in  each 
year ;  but  no  permit  shall  be  granted  for  any  swine  to  run  at  large ;  and 
in  case  any  person  shall  permit  any  swine  belonging,  to  him,  or  being 
under  his  control,  to  run  at  large  he  shall  thereby  be  deprived  of  the 
benefit  of  any  permit  issued  to  him,  as  to  any  domestic  animals  what- 
soever, and  also  of  the  benefits  of  any  general  permit  issued  by  the 
county  commissioners,  and  be  subject  to  all  the  fines  and  penalties 
hereinafter  provided ;  and  it  is  hereby  made  the  duty  of  all  road  super- 
visors upon  view  or  information  to  cause  all  swine  found  running  at 
large  upon  roads  within  their  respective  districts  to  be  impounded  and 
such  further  proceedings  had  as  required  by  other  sections  of  this 
chapter,  and  if  any  such  road  supervisor  shall  fail  or  refuse,  to  perform 
such  duty  he  shall  be  fined  not  less  than  two.  nor  more  than  five  dollars 
for  each  and  every  offense,  to  be  collected  and  applied  as  provided  in 
section  forty-two  hundred  and  four  and  the  trustees  of  the  township 
are  hereby  authorized  and  required  to  retain  any  unpaid  costs  or  fines 
from  any  sum  that  may  be  due  and  unpaid  to  such  supervisor  for  services 
rendered  in  his  official  capacity. 

Sec.  4204.  [How  penalties  collected,  and  disposition  thereof.] 
All  suits  to  recover  the  penalties  provided  for  in  section  forty-two  hun- 


56  LAWS   RELATING   TO   AGRICULTURE. 

dred  and  two,  shall  be  brought  in  the  name  of  the  state  of  Ohio,  on  com- 
plaint of  a  person  feeling  aggrieved,  before  a  justice  of  the  peace,  or 
other  court  having  jurisdiction  where  the  offense  is  committed ;  the  party 
offending  shall,  on  conviction,  pay  the  amount  of  penalties^  adjudged, 
with  costs;  and  all  money  collected  as  penalties  shall  be  paid  into  the 
treasury  of  the  township  where  the  offense  was  committed,  for  the  use 
of  common  schools  therein. 

Sec.  4205.  [Suit  for  penalty  not  to  be  commenced  without  no- 
tice.] No  prosecution  shall  be  commenced  to  recover  the  penalties 
named  in  section  forty-two  hundred  and  two  until  at  least  one  day's 
notice  has  been  given  to  the  owner  or  person  having  charge  of  such 
animal,  as  the  case  may  be,  and  it  shall  be  a  sufficient  defense  to  such 
prosecution  to  show  that  such  animal  was  at  large  without  the  knowl- 
edge of  such  owner  or  keeper,  and  without  his  fault. 

Sec.  4206.  [Owner  of  animal  liable  for  damages.]  The  owner, 
or  any  person  having  in  charge  any  animal  described  in  section  forty- 
two  hundred  and  tzvo,  allowing  the  same  to  run  at  large  in  violation 
thereof,  shall  be  liable  for  all  damages  done  by  such  animal  upon  the 
premises  of  another,  without  reference  to  the  fence  which  may  inclose 
the  premises ;  but  nothing  herein  shall  be  so  construed  as  to  render  an 
owner  or  keeper  of  an  animal  mentioned  in  section  forty-two  hundred 
und  two,  liable  for  damages  arising  to  a  railroad. 

Sec.  4207.  [Animal  running  at  large  may  be  treated  as  estray; 
penalty.]  A  person  finding  an  animal  mentioned  in  section  forty-tzvo 
hundred  and  tzvo,  at  large,  contrary  to  the  provisions  of  this  chapter  may, 
and  any  constable  of  any  township,  or  any  supervisor  of  roads  in  any 
township,  or  marshal  or  constable  of  any  city  or  village,  on  view  or  infor- 
mation, shall  take  up  and  confine  the  same,  forthwith  giving  notice  thereof 
to  the  owner,  if  known,  and  if  not  known,  by  posting  notices  describing 
such  animals  therein,  in  at  least  three  public  places  within  the  township ; 
and  if  the  owner  does  not  appear  and  claim  his  property,  and  pay  all 
charges  for  taking  up,  advertising,  and  keeping  the  same,  within  ten  days 
from  the  date  of  the  notice,  the  animals  may  be  proceeded  with  under  the 
laws  regulating  estrays ;  the  mere  act  of  any  such  animal  running  at  large 
in  or  upon  any  of  the  places  mentioned  in  section  forty-tzvo  hundred  and 
tzvo,  shall  be  prima  facie  evidence  that  such  animal  is  running  at  large 
contrary  to  the  provisions  thereof,  but  if  it  be  proven  that  such  animal 
escaped  from  the  owner  or  keeper  thereof,  without  his  knowledge  or 
fault,  then  it  shall  be  given  up  to  the  owner  or  keeper,  upon  payment  of 
a  reasonable  compensation  for  taking  up  and  keeping  the  same.  And  if 
any  constable,  supervisor  or  marshal,  above  named,  shall,  wilfully  neglect 
to  perform  any  of  the  duties  above  required,  he  shall  be  fined  not  more 
than  twenty-five  dollars  ($25.00),  or  imprisoned  not  more  than  ten  days 
©r  both. 

Sec.  4208.  [Fees  for  taking  up  animals.]  The  person  or  officer 
taking  up  any  such  animal  shall  be  entitled  to  charge  and  receive  from  the 
owner  the  following  fees  in  addition  to  those  authorized  by  the  law  regu- 
lating estrays,  to-wit :  For  taking  up  and  advertising  each  animal  of  the 
horse  or  mule  kind,  one  dollar ;  each  head  of  neat  cattle,  seventy-five  cents ; 
each  swine,  fifty  cents ;  each  sheep,  dog  or  goose,  twenty-five  cents ;  and 
also,  reasonable  pay  for  keeping  the  same ;  provided,  that  for  the  taking  up 
of  any  single  herd  or  flock,  the  fee  shall  not  exceed  five  dollars,  when- 
ever the  flock  or  herd  belongs  to  one  person. 


LAWS    RELATING    TO    AGRICULTURE.  57 

Sec.  4209.  [Pounds.]  The  trustees  of  any  township  may  pro- 
cure or  construct  an  inclosttre  or  pound,  wherein  animals  taken  up  under 
the  provisions  of  this  chapter  may  be  confined;  and  the  trustees  may 
appropriate  from  the  township  funds  an  amount  not  exceeding  one  hund- 
red dollars  for  that  purpose.  If  the  trustees  of  any  township  fail  to  build 
or  erect  such  pound  or  inclosure,  any  owner  or  lessee  of  land  in  the 
township  where  the  stock  is  found  running  at  large,  contrary  to  law, 
may  detain  or  keep  the  same  in  any  field,  pen  or  stable,  which  shall  be  the 
same  in  effect  as  though  the  stock  were  impounded  in  a  pound  erected  by 
the  township  trustees,  but  no  stock  running  at  large,  contrary  to  law, 
shall  be  taken  up  and  confined  in  any  private  inclosure  where  township 
pounds  have  been  provided  according  to  law. 

(4 1 09-1)  Sec.  1.  [Pounds  in  incorporated  villages.]  The 
council  of  any  incorporated  village  may  procure  or  construct  an  inclosure 
or  pound  wherein  animals  taken  up  within  the  said  incorporated  village, 
under  the  provisions  of  section  4207  and  1692  of  the  Revised  Statutes, 
may  be  confined,  and  like  notices  shall  be  given  and  like  proceedings 
shall  be  had  in  such  cases  as  are  required  by  section  4207,  Revised  Stat- 
utes ;  and  the  council  may  appropriate  from  the  general  fund  of  such  in- 
corporated village  an  amount  not  exceeding  one  hundred  dollars  for  said 
purpose. 

(4209-3)  Sec  2.  [Duties  of  pound-masters;  release  of  im- 
pounded animals.]  That  any  pound-master  so  appointed  finding  an 
animal  mentioned  in  section  4202  of  the  Revised  Statutes  of  Ohio,  at 
large,  contrary  to  the  provisions  of  the  chapter  of  which  said  section  4202 
is  a  part,  on  view  or  information  shall  take  up  and  confine  the  same  within 
the  pound  under  his  charge,  forthwith  giving  notice  thereof  to  the  owner 
of  such  animal,  if  known,  and  if  not  known,  by  posting  a  notice  describing 
such  animal  therein  at  the  gate  of  such  pound,  and  if  said  owner  does  not 
appear  and  claim  his  property  and  pay  all  charges  for  taking  up,  advertis- 
ing and  keeping  the  same  within  ten  (10)  days  from  the  date  of  said  notice, 
such  animal  or  animals  so  taken  up  and  confined  may  be  proceeded  with 
under  the  laws  regulating  estrays  ;  the  mere  act  of  any  such  animal  running 
at  large  in  or  upon  any  of  the  places  mentioned  in  said  section  4202  shall 
be  prima  facie  evidence  that  such  animal  is  running  at  large  contrary 
to  the  provisions  thereof,  bui^f  it  be  proven  that  such  animal  escaped  from 
the  owner  or  keeper  thereof,  without  his  knowledge  or  fault,  then  it  shall 
be  given  up  to  the  owner  or  keeper  thereof  upon  payment  at  the  rate  of 
fifty  cents  ($.50)  per  day  of  twenty-four  hours  for  keeping  the  same 
from  the  date  of  taking  up  until  surrendered  to  the  owner.  And  if  any 
poundmaster  so  appointed  shall  take  any  animal  named  in  section  4202 
out  of  an  inclosure  where  the  same  has  been  placed  by  the  owner,  or  shall 
wilfully  neglect  to  perform  any  of  the  duties  above  required,  he  shall, 
upon  conviction,  be  fined  not  more  than  twenty-five  dollars  ($25.00)  or 
imprisoned  not  more  than  twenty  (20)  days  or  both. 

(4209-4)  Sec  3.  [Fees.]  Any  of  said  pound-masters  taking 
up  any  such  animal  shall  be  entitled  to  charge  and  receive  from  the  owner 
•or  keeper  of  such  animal  the  fees  prescribed  by  section  4208  of  the  Revised 
Statutes  of  Ohio. 


58  LAWS    RELATING   TO   AGRICULTURE. 


PESTS. 


Sec.  4210.  [What  cattle  infected  with  disease  shall  not  be 
brought  into  state.]  No  person  shall  bring  into  the  state  of  Ohio 
anv  cattle  infected  with  the  disease  commonly  known  as  the  "Texas  or 
Spanish  fever,"  or  pleuro-pneumonia,  rhinderpest,  or  other  contagious 
diseases  or  any  cattle  liable  to  impart  such  fever  or  disease  to  other  cattle ; 
but  this  section  shall  not  affect  common  carriers  who  are  not  the  owners 
of  cattle.  Whoever  violates  the  provisions  of  this  section  shall  be  liable 
to  any  person  injured  by  bringing  such  cattle  into  the  state  in  the  amount 
of  any  loss  occasioned  thereby,  in  addition  to  other  penalties  provided  by 
law. 

For  importing  cattle  infected  with   Spanish  fever,    see   Sec.  7003. 

Sec.  421 1.  [Presumptions  in  actions  to  recover  damages  for  in- 
fection.] Whenever  any  Texas  or  Cherokee  cattle,  liable  to  impart 
disease,  are  brought  into  the  state,  and  any  such  disease  as  Texas  or 
Spanish  fever  makes  its  appearance  within  sixty  days,  and  infects  other 
cattle  that  have  been  *on  the  same  highway,  common  or  pasture  ground 
traveled  over  by  such  Texas  or  Cherokee  cattle  with  such  disease,  such 
fact  shall  be  deemed  and  taken  in  action  to  recover  damages  as  prima  facie 
evidence  that  such  Texas  or  Cherokee  cattle  were  infected  with  the  disease 
known  as  the  "Texas  or  Spanish  fever,"  and  that  they  imparted  such  dis- 
ease ;  and  the  owner  of  such  Texas  or  Cherokee  cattle  at  the  time  they 
were  brought  into  the  state,  and  the  owner  of  such  cattle  at  the  time  the 
disease  makes  its  appearance,  shall  be  jointly  and  severally  liable  for 
any  -damages  resulting  from  such  disease. 

(4211-1)  Sec.  1.  ^Offering  bounty  for  killing  ground-hogs.] 
Any  one  killing  an  animal  known  as  the  wood  chuck  or  ground-hog,  be- 
tween the  first  day  of  March  and  the  first  day  of  November  in  any  one 
year,  shall,  on  the  presentation  of  the  scalp  of  such  animal  to  the  clerk  of 
the  township  wherein  such  animal  was  captured  and  killed,  be  entitled  to 
a  certificate  to  the  amount  of  ten  cents  for  each  scalp  so  produced ;  pro- 
vided, that  the  clerk  of  the  township  shall  in  no  case  issue  such  certificate, 
unless  there  is  at  the  time  of  issuing  the  same,  a  fund  in  the  township 
treasury  out  of  which  to  pay  the  same,  which  fund  shall  have  been  set 
apart  out  of  the  general  fund  of  the  township,  or  shall  have  been  raised 
by  a  levy  for  such  purpose  by  the  township  trustees,  and  shall  be  known 
as  the  ground-hog  fund,  and  the  trustees  of  any  township  may,  in  their 
discretion,  create  such  fund,  which  in  no  year  shall  exceed  the  sum  of  two 
hundred  dollars,  and  any  amount  of  such  fund  which  shall  remain  unex- 
pended upon  the  first  day  of  December  of  each  year,  shall  be  credited 
to  the  general  fund  of  the  township. 

(421 1-2)  Sec.  2.  [How  paid.]  In  any  township  in  which  there 
shall  be  to  the  credit  of  the  ground-hog  fund  any  money,  yet  unex- 
pended, it  shall  be  the  duty  of  the  clerk,  upon  the  presentation  of  the  scalp 
of  such  animal,  to  destroy  the  same  and  issue  his  certificate  to  the  person 
entitled  to  the. reward  aforesaid,  on  the  treasurer  of  said  township  for 
the  amount  due  such  person ;  the  same  to  be  paid  out  of  the  "ground-hog 
fund"  of  the  township  ;  provided,  that  in  each  township,  no  greater  amount 
than  two  hundred  dollars  in  any  one  year  shall  be  expended  for  the  pur- 
poses herein  named ;  and  the  trustees  shall  allow  the  township  clerk  a  rea- 
sonable compensation  for  the  services  herein  required ;  provided,  that  no 
scalp  shall  be  redeemed  which  shall  have  been  taken  from  an  animal 
captured  or  killed  on  the  Sabbath  day. 


LAWS    RELATING   TO   AGRICULTURE.  59 

(4211-3)  Sec.  1.  [Bounty  for  the  killing  of  English  sparrows.] 
Every  person  being  an  inhabitant  of  this  state,  shall  be  entitled  to  receive 
a  bounty  of  twenty  cents  per  dozen  for  all  sparrows,  known  as  the  English 
sparrow,  killed,  to  be  allowed  and  paid  in  the  manner  hereinafter  provided. 

(421 1-4)  Sec.  2.  [Proof  required  of  persons  applying  for  such 
bounty.]  Every  person  applying  for  such  bounty,  shall  take  the  heads 
of  such  sparrows,  in  lots  of  not  less  than  one  dozen,  to  the  clerk  of-the 
township,  village  or  city,  within  which  such  sparrows  shall  have  been 
killed,  who  shall  thereupon  decide  upon  such  application,  and  if  satis- 
fied of  the  correctness  of  such  claim,  shall  issue  a  certificate  stating  the 
amount  of  bounty  to  which  such  applicant  is  entitled,  and  shall  deliver 
the  same  to  such  applicant,  and  shall  destroy  the  heads. of  such  sparrows; 
provided,  that  the  clerk  of  the  township,  village  or  city. shall  in  no  case 
issue  such  certificate  unless  there  is  at  the  time  of  issuing  the  same  a 
fund  in  the  township,  village  or  city  treasury  out  of  which  to  pay  the 
same,  which  fund  shall  have  been  set  apart  cut  of  the  general  fund  of 
the  township,  village  or  city,  or  shall  have  been  raised  by  a  levy  for 
such  purposes  by  the  township  trustees,  or  by  the  councils  of  the  village  or 
city,  and  shall  be  known  as  the  sparrow  fund,  and  the  township  trustees- 
of  any  township,  or  the  councils  of  any  village  or  city  may,  in  their  discre- 
tion, create  such  fund,  which  in  no  year,  in  any  township  or  village  shall 
exceed  two  hundred  dollars,  and  in  no  city  the  sum  of  five  hundred  dol- 
lars ;  and  any  amount  of  such  fund  which  shall  remain  unexpended  upon 
the  first  day  of  March  of  each  year  may  be  credited  to  -the  general  fund  of 
the  township,  village  or  city. 

(421 1-5)  Sec  3.  [How  paid.]  Such  certificate  may  be  pre- 
sented by  the  claimant  or  his  agent  to  the  city  treasurer,  or  the  treasurer  of 
the  township  or  village  in  which  such  sparrows  may  have  been  killed,  who- 
shall  pay  the  same  out  of  the  fund  provided  for  the  payment  of  such  cer- 
tificates. 


diseases. 


(421 1-6)  Sec  1.  [Transportation  of  cholera-infected  hogs.] 
From  and  after  the  passage  of  this  act,  it  shall  be  unlawful  for  any  person 
or  persons  owning  or  having  charge  of  any  hog  or  hogs  infected  with 
cholera,  to  transport  the  same  within  the  borders  of  this  state. 

(4211-7)  Sec  2.  [Liability  of  violator.]  Any  person  or  per- 
sons violating  the  provisions  of  this  act,  shall  be  liable  for  all  damages 
resulting  from  the  introduction  of  such  disease  thereby,  to  be  recovered 
by  any  person  so  damaged,  and  shall  also  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  fined  in  any  sum  not  exceeding 
five  hundred  dollars,  or  be  imprisoned  in  the  jail  of  the  county  not  exceed- 
ing six  months,  or  both. 

(421 1-8)  Sec  3.  [Common  carriers  or  employes  not  affected, 
etc.]  This  act  shall  not  be  construed  so  as  to  affect  common  carriers 
or  their  employes,  and  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

(4211-9)  Sec  1.  [Board  of  live  stock  commissioners.]  The 
governor  shall,  with  the  advice  and  consent  of  the  senate,  appoint  three 
persons,  who  shall  constitute  a  board  of  live  stock  commissioners,  who 
shall  hold  their  office  in  the  order  in  which  they  are  named,  the  first  for 
one  year,  the  second  for  two  years,  and  the  third  for  three  years,  and 


■60 


LAWS   RELATING   TO   AGRICULTURE. 


their  successors  in  office  shall  be  appointed  for  three  years  each.  They 
shall  meet  as  soon  as  practicable  after  their  appointment,  and  after  taking 
the  oath  of  office,  shall  appoint  from  their  number  a  president  and 
secretary. 

(421 1- 10)  Sec.  2.  [Duty  as  to  exterpating  diseases.]  The 
board  of  commissioners  are  authorized  to  use  all  proper  means  to  prevent 
the  spread  of  dangerous  and  fatal  diseases  among  domestic  animals,  and 
to  provide  for  the  extirpation  of  such  diseases ;  and  in  the  event  of  any 
such  contagious  or  infectious  disease  breaking  out  in  this  state,  it  shall 
be  the  duty  of  all  persons  owning  or  having  in  charge  animals  infected 
with  the  same,  to  immediately  notify  said  board  of  commissioners,  or  some 
member  thereof,  of  the  existence  of  such  disease,  and  thereupon  it  shall 
be  the  duty  of  said  board  immediately  to  cause  proper  examination  thereof 
to  be  made  by  a  competent  veterinarian ;  and  if  said  disease  shall  be  found 
to  be  a  dangerously  contagious  or  infectious  malady,  the  board  shall  order 
the  diseased  animals,  and  such  as  have  been  exposed  to  the  contagion,  to 
be  strictly  quarantined  in  charge  of  such  person  as  the  board,  or  an 
authorized  member  thereof,  shall  designate,  and  to  order  any  premises 
or  farms  where  such  disease  exists,  or  has  recently  existed,  to  be  put  in 
quarantine,  so  that  no  domestic  animal  subject  to  such  disease,  be  re- 
moved from  or  brought  to,  the  premises  or  places  so  quarantined;  and 
the  board  shall  prescribe  such  regulations  as  they  may  deem  necessary  to 
prevent  the  contagion  from  being  communicated  in  any  way  from  the 
premises  so  quarantined. 

(4211-11)  Sec.  3.  [Bodies  of  dead  animals.]  The  bodies  of  all 
dead  animals  shall  be  buried  or  burned  by  the  owners  thereof,  as  pro- 
vided by  law. 

See  §  6923a. 

(4211-12)  Sec.  4.  [An  act  to  suppress  dangerously  contagious 
-diseases  of  animals;  expenses  of  quarantining  such  animals;  duty  of 
sheriffs  and  constables.]  That  any  person  having  in  his  possession, 
or  under  his  care,  any  animal  which  he  knows,  or  has  reason  to  believe, 
is  affected  with  a  dangerously  contagious  or  infectious  disease,  and  does 
not,  without  unnecessary  delay,  make  known  the  same  to  said  board,  or 
•to  some  member  thereof,  or  to  the  sheriff  or  constable  of  the  proper 
county,  to  be  by  him  communicated  to  said  board ;  or  any  person  or  cor- 
poration who  shall  bring  into  this  state,  or  sell  or  dispose  of  any  animal, 
knowing  the  same  to  be  affected  as  aforesaid,  or  any  animal  having  been 
exposed  to  such  contagion,  within  three  months  of  such  exposure,  or 
shall  move  the  animal  so  diseased  or  exposed  from  the  quarantine  to 
which  it  was  ordered  by  the  board  of  commissioners,  or  shall  move 
any  animal  to  or  from  any  district  in  this  state  declared  to  be  infected 
with  such  contagious  disease,  or  shall  bring  into  this  state  any  animal  of 
the  kind  diseased  from  any  district  outside  of  the  state  that  may  at  any- 
time be  legally  declared  to  be  affected  with  such  disease,  without  the 
consent  of  said  board,  except  under  such  conditions  as  are  or  may  be 
prescribed  by  said  board,  shall,  upon  conviction  of  either  of  the  aforesaid 
offenses,  be  fined  in  any  sum  not  exceeding  five  hundred  dollars.  And 
all  proper  expense  incurred  in  the  quarantining  of  animals  under  the  pro- 
visions of  this  act,  shall  be  paid  by  the  owners  thereof,  and  if  the  same 
is  refused,  after  demand  made  by  order  of  the  commissioners,  an  action 
may  be  brought  to  recover  the  same  with  costs  of  suit,  which  action  may 
be  in  the  name  of  the  state  of  Ohio,  for  the  use  of  the  board  of  live  stock 


LAWS    RELATING   TO   AGRICULTURE. 


61 


commissioners.  It  shall  be  the  duty  of  all  sheriffs  and  constables  to  exe- 
cute within  their  several  counties  all  lawful  orders  of  the  said  com- 
missioners. 

(4211-13)  Sec.  5.  [Records  of  the  board;  their  report;  ex- 
penses; compensation,  etc.]  The  board  of  commissioners  shall  keep 
a  record  of  their  acts  and  investigations  of  diseases  of  live  stocky  and 
report  the  same  to  the  governor  on  the  first  Monday  of  November, 
annually,  and  at  such  other  times  as  the  governor  may  order;  and  such 
parts  of  said  report  as  shall  be  of  general  interest  to  breeders  of  live  stock 
may  be  transmitted  to  the  department  of  agriculture,  to  be  published 
with  their  proceedings.  Said  board  shall  receive  for  their  services  the 
sum  of  four  dollars  per  day  and  necessary  traveling  expenses  for  each 
day  any  member  is  actually  engaged  in  the  investigation  of  reported  cases 
of  outbreaks  of  disease  as  herein  provided,  or  in  arranging  for  the  quar- 
antine of  diseased  animals,  and  other  duties  connected  therewith ;  and 
when  it  becomes  necessary  for  said  board  to  employ  any  veterinarian, 
sheriff,  constable,  or  such  other  persons  as  may  be  deemed  essential  to 
assist  the  commissioners  in  performing  their  duties,  as  set  forth  in  this 
act,  they  are  authorized  to  fix  and  certify  their  compensation,  a  properly 
itemized  account  of  which  shall  be  made  out  and  certified  by  the  board, 
and  paid  upon  the  order  of  the  governor. 

(4211-15)  Sec.  15.  [Proclamation  prohibiting  importation  of 
diseased  live  stock.]  Whenever  the  governor  of  the  state  of  Ohio 
shall  have  good  reason  to  believe  that  any  dangerous,  contagious  or 
infectious  disease  has  become  epidemic  in  certain  localities  in  other 
states,  territories  or  counties,  or  that  there  are  conditions  which  render 
domestic  animals  of  such  infected  districts  liable  to  convey  such  disease, 
he  shall  by  proclamation  prohibit  the  importation  of  any  live  stock  of 
the  kind  diseased  into  the  state,  except  under  such  regulations  as  may 
be  prescribed  by  the  state  board  of  live  stock  commissioners  and  approved 
by  the  governor. 

(4211-16)  Sec.  2.  ]  Appraisement  and  killing  of  diseased  ani- 
mals.] When  in  the  opinion  of  the  commissioners  provided  for  by 
the  act  to  which  this  is  supplementary,  it  shall  be  necessary  to  prevent 
the  further  spread  of  any  dangerous,  contagious  or  infectious  disease 
among  the  live  stock  of  the  state,  to  destroy  animals  affected  with,  or 
which  have  been  exposed  to  any  such  disease,  it  shall  determine  what 
animals  shall  be  killed,  and  shall  appraise  or  cause  the  same  to  be  ap- 
praised by  disinterested  citizens  as  hereinafter  provided,  and  cause  such 
animals  to  be  killed,  and  their  carcasses  to  be  disposed  of  as  in  the  judg- 
ment of  the  commission  will  best  protect  the  health  of  the  domestic  ani- 
mals of  the  locality ;  provided,  that  no  animals  shall  be  appraised,  except 
cattle  affected  with  contagious  pleuro  pneumonia,  or  cattle,  sheep  or 
swine  affected  with  foot  and  mouth  disease,  or  such  as  have  been  ex- 
posed thereto,  nor  shall  any  animal  be  slaughtered  under  the  provisions 
of  this  act  unless  first  examined  by  a  competent  veterinarian  in  the  em- 
ploy of  the  commission,  and  the  disease  with  which  it  is  affected  or  to 
which  it  has  been  exposed  adjudged  to  be  a  dangerous  and  contagious 
malady. 

(4211-17)  Sec.  3.  [Compensation  for  animals  destroyed.]  In 
case  of  destruction  of  any  animal  under  the  provisions  of  this  act,  the 
compensation  to  be  made  for  the  same  by  the  state,  shall  be  computed 
upon  the  basis  of  the  actual  value  of  the  diseased  animal,  if  any,  at  the 


62 


LAWS    RELATING   TO    AGRICULTURE. 


time  of  slaughter ;  for  any  animal  that  has  been  kept  in  the  same  building 
or  enclosure  two-thirds  of  such  value,  and  in  case  [of]  other  animals 
destroyed  for  the  extinction  of  such  disease,  the  full  value  of  the  same 
without  reference  to  any  suspicion  of  contagion ;  provided,  that  no  com- 
pensation shall  be  made  to  any  person  who  may  have  brought  animals 
into  the  state  affected  with  such  contagious  disease,  or  from  a  district 
in  which  such  contagious  disease  existed,  or  who  may  have  wilfully  con- 
cealed the  existence  of  such  disease  among  his  stock  or  on  his  premises, 
or  may  [have]  by  wilful  neglect  or  purposely  contributed  to  the  spread 
of  such  contagion,  and  in  appraising  animals  to  be  slaughtered  as  herein 
provided,  no  allowance  shall  be  made  on  account  of  such  animals  being 
thoroughbred,  or  pedigree  stock. 

(4211-18)  Sec.  4.  [Appropriation  to  pay  claims;  how  made.] 
All  claims  against  the  state  by  owners  of  animals  slaughtered  under  the 
provisions  of  this  act,  shall,  when  approved  by  the  board  of  live  stock 
•commissioners,  be  reported  by  said  commission  to  the  governor,  to  be  by 
him  communicated  to  the  legislature  with  the  recommendation,  if  the 
matter  is  approved  by  him,  that  the  proper  appropriation  be  made  to  pay 
such  claims. 

Whereas,  All  cattle  wintered  in  the  states  of  Florida,  South  Caro- 
lina, North  Carolina,  Georgia,  Alabama,  Mississippi,  Louisiana,  Tennes- 
see, Arkansas,  Texas  and  the  Indian  Territory,  are  infected  with  a  germ 
which  renders  them  capable,  except  during  the  frost  of  winter,  of  in- 
fecting northern  cattle  with  a  malady  commonly  known  as  "Texas  fever," 
while  they  show  no  manifestation  of  disease ;   therefore, 

(4211-ig)  Sec.  1.  [The  driving  of  cattle  from  certain  states  for- 
bidden during  certain  months ;  conveyance  by  railway  forbidden, 
except.]  During,  the  months  of  March,  April,  May,  June,  July, 
August,  September  and  October  no  cattle  shall  be  permitted  to  be  driven, 
into  this  state  from  any  of  the  above  mentioned  states  or  Indian  terri- 
tory, or  that  shall  have  been  wintered  therein,  nor  shall  any  .person  or 
company  bring,  or  cause  to  be  conveyed  into  this  state  by  railway  or 
otherwise,  any  such  cattle  under  said  conditions,  except  as  specified  in 
the  next  section  of  this  act. 

(4211-20)  Sec.  2.  [Unloading  of  certain  cattle  in  certain 
months  forbidden,  except.]  Any  railroad  or  other  transportation 
company  conveying  into  or  through  this  state,  or  any  stock-yard  com- 
pany receiving  such  cattle  during  the  months  aforesaid  will  not  be  per- 
mitted to  unload  the  same  in  this  state  for  any  other  purpose  than  to  be 
fed  and  watered  or  for  immediate  slaughter,  and  in  yards  and  premises 
especially  provided  for  that  purpose,  into  which  northern  cattle  will  not 
be  permitted  to  enter.  And  the  location  and  arrangement  of  the  said 
yards  and  premises  and  the  disinfection  of  the  cars  and  quarters  used 
in  the  transportation  of  such  cattle  shall  be  governed  by  the  rules  and 
regulations  prescribed  by  the  board  of  live  stock  commissioners. 

(4211-21)  Sec.  3.  [Penalty.]  Any  person  or  corporation  that 
shall  bring  or  cause  to  be  brought  or  driven  into  this  state,  any  cattle 
wintered  in  the  states  or  territory  above  mentioned,  or  to  be  driven  or 
conveyed  otherwise  than  as  herein  specified,  shall,  upon  conviction  thereof, 
be  fined  in  any  sum  not  less  than  one  hundred  dollars,  nor  more  than  one 
thousand  dollars,  and  shall,  moreover,  be  liable  for  all  damages  that 
may  be  occasioned  on  account  of  other  cattle  being  infected  with  said 
disease. 


LAWS   RELATING   TO   AGRICULTURE.  63 

(4211-22)  Sec.  4.  [Duty  of  transportation  companies;  penalty 
for  violation  of  such  duty.]  It  shall  be  the  duty  of  all  railway  and 
other  transportation  companies  bringing  into  and  unloading  in  this  state 
cattle,  otherwise  than  as  specified  in  section  two  (4211-20)  of  this  act, 
during  the  months  above  specified,  to  require  a  statement  to  be  made  in 
their  shipping  bills,  showing  in  what  state  or  territory  the  cattle  shipped 
were  wintered ;  and  it  shall  be  the  duty  of  every  railroad  company  bring- 
ing into  this  state  cattle,  which  may  unload  such  cattle  for  any— other 
purpose  than  to  be  fed  and  watered  as  specified  in  section  tzvo  (4211-20) 
of  this  act,  to  leave  at  the  office  of  such  company  nearest  the  point  where 
such  cattle  may  be  unloaded,  a  copy  for  public  inspection  of  the  state- 
ment above  required,  showing  where  the  same  were  wintered ;  and  any 
company  or  corporation  neglecting  to  comply  with  the  provisions  of  this 
section,  shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding 
five  hundred  dollars. 

(4211-23)  Sec.  5  [Prosecution  for  offenses  hereunder.]  Up- 
on the  request  of  the  board  of  live  stock  commissioners  it  shall  be  the 
duty  of  the  prosecuting  attorney  of  any  county  in  which  the  suit  may 
be  brought  to  begin  and  prosecute  any  action  for  the  violation  of  "the 
provisions  of  this  act  and  the  rules  and  regulations  of  the  board  of  live 
stock  commissioners.  Proceedings  against  any  railway  company  under 
this  act  may  be  had  in  any  county  in  this  state  through  which  any 
portion  of  such  company's  road  may  pass,  or  in  which  its  principal  office 
may  be  situated ;  and  process  may  be  served  by  leaving  a  copy  at  the 
office  of  such  company  within  such  county. 

(4211-24)  Sec.  1.  Penalty  for  selling  or  failing  to  keep  se- 
curely isolated  horses,  etc.,  affected  with  glanders.]  Any  person  own- 
ing or  having  in  his  charge  any  horse,  mule  or  ass  that  he  knows  or  has 
reason  to  believe  is  affected  with  the  disease  known  as  glanders  or  farcy, 
or  that  has  been  adjudged  to  be  so  affected  by  the  state  board  of  live 
stock  commissioners,  upon  a  report  made  to  said  board  by  a  competent 
veterinary  surgeon,  in  their  employ,  after  a  careful  examination  of 
such  animal,  who  shall  sell  or  otherwise  dispose  of,  or  secrete  the  same, 
or  shall  fail  to  keep  such  animal  securely  isolated  so  that  contact  with 
other  horses,  mules  or  asses  shall  not  be  possible,  shall,  upon  conviction 
of  either  of  said  offenses,  be  fined  in  any  sum  not  exceeding  five  hundred 
dollars,  and  shall  moreover,  be  liable  for  all  damages  sustained  by  reason 
of  the  same. 

(4211-25)  Sec.  2.  [Appraisal  and  payment  of  compensation  in 
case  of  destruction  of  such  animals  by  order  of  live  stock  commission.] 
In  case  the  live  stock  commissioners  shall  order  the  destruction  of  any 
animal  affected  with  glanders  or  farcy  in  the  chronic  stage  of  the  disease, 
which  may  be  adjudged  capable  of  rendering  some  service,  the  board 
may  cause  the  animal  to  be  appraised,  and  order  such  compensation  to 
be  paid  out  on  the  order  of  the  live  stock  commissioners,  on  the  warrants 
of  the  auditor  of  state  out  of  any  funds  in  the  treasury  to  the  credit  of 
the  live  stock  commission,  as  in  the  judgment  of  the  commissioners  may 
be  just,  not  exceeding  its  cash  value;  provided  the  horse  was  not  diseased 
when  passed  in  possession  of  the  owner. 

(4211-26)  Sec.  3.  [Penalty  for  suffering  sheep  affected  with 
scab  to  run  at  large  or  for  selling  same,  knowing,  etc.]  Any  person 
owning  or  having  in  charge  any  sheep  affected  with  foot-rot  or  scab 
who  shall  suffer  the  same  to  run  upon  any  highway,  common  or  other 
uninclosed  ground,  or  shall  sell  such  sheep,  knowing  or  having  reason 


64 


LAWS   RELATING   TO  AGRICULTURE. 


to  believe  them  to  be  diseased,  without  disclosing  the  fact  to  the  pur- 
chaser, shall,  upon  conviction  of  either  of  said  offenses,  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars,  and  be  liable  to  parties  injured 
for  all  damages  sustained. 

See  §  6855  as  to  allowing  diseased  animals  to  run  at  large. 

Sec.  4212.  [Duties  of  carriers  and  owners  of  stock  yards.]  All 
railway  companies  and  owners  of  steamboats  used  in  conveying  live 
stock  and  owners  of  stock  yards  and  other  premises  that  may  be  oc- 
cupied by  such  stock,  shall,  immediately  upon  discovering  any  con- 
tagious disease  among  stock  occupying  such  cars,  boats,  yards,  or  other 
premises,  take  all  possible  measures  to  prevent  such  diseased  stock  from 
communicating  the  contagion  to  other  stock,  and  shall  moveover  cause 
all  such  cars,  boats,  yards,  and  premises  to  be  thoroughly  disinfected 
before  the  same  shall  be  occupied  by  other  stock.  Every  corporation  and 
company,  their  officers  and  employes,  or  individuals  violating  the  pro- 
visions of  this  section,  shall  pay  a  penalty  not  exceeding  five  hundred 
dollars,  to  be  recovered  in  any  court  of  competent  jurisdiction,  and  shall 
also  be  liable  to  parties  injured  for  all  damages  that  may  be  occasioned 
thereby. 

DOGS. 

(42 1 2-1)     Sec.  1.     [When  dog  to  be  considered  property.]     Any 

animal  of  the  dog  kind  listed  and  valued  for  taxation  as  other  [per- 
sonal] property,  and  due  return  thereof  made  by  the  owner  or  harborer  to 
the  assessor  or  county  auditor  and  the  per  capita  tax  upon  such  animals  in 
addition  to  the  proper  tax  on  any  valuation  which  may  have  been  placed 
on  such  animal  by  the  owner  or  harborer  thereof  shall  have  been  paid 
when  due,  shall  be  considered  as  property  and  such  animal  shall  have 
all  the  rights  and  privileges  and  be  subject  to  the  same  restraints  as  are 
provided  by  law  for  other  live  stock ;  provided  that  no  recovery  shall 
be  had  for  the  malicious  and  unlawful  killing  of  such  animal,  in  excess 
of  double  the  amount  for  which  any  such  dog  is  listed  for  taxation; 
provided,  further,  that  nothing  in  this  section  shall  be  so  construed  as 
to  make  it  unlawful  for  any  person  to  kill  any  animal  of  the  dog  kind 
that  chases,  worries,  injures  or  kills  any  sheep,  lamb,  goat,  kid,  domestic 
fowl,  animal  or  person ;  and  provided,  further,  that  if  any  person  in  at- 
tempting to  kill  such  animal  so  running  at  large,  fails  to  kill,  and  wounds 
the  same,  he  shall  not  be  liable  to  prosecution  under  Section  6951  which 
provides  against  cruelty  to  animals. 

(4212-2)  Sec.  2.  [When  dog  may  be  killed  at  any  time;  owner 
liable  for  damages.]  Any  animal  of  the  dog  kind  that  chases,  wor- 
ries, injures  or  kills  any  sheep,  lamb,  goat,  kid,  domestic  fowl,  animal 
or  person,  may  be  killed  by  any  person,  at  any  time  or  place.  And  the 
owner,  owners  or  harborers  of  any  animal  of  the  dog  kind,  that  chases, 
worries,  injures  or  kills  any  sheep,  lamb,  goat,  kid,  animal  or  person,  shall 
be  jointly  and  severally  liable  to  any  person  so  damaged  to  the  full 
amount  of  the  injury  done;  and  the  court  or  justice,  before  whom  the 
recovery  is  had  for  any  such  injury  shall  declare  the  animal  found  to 
have  occasioned  the  injury  to  be  a  common  nuisance  and  order  the  de- 
fendant to  kill  or  cause  to  be  killed  such  animal  within  twenty-four 
hours  after  the  rendition  of  the  judgment ;  or  the  court  or  justice  may 
order  any  constable  or  marshal  or  sheriff  to  kill  such  animal. 

Sec.  4214.     [Liability  to   owner  of  dog  for  killing  or  injury.] 
The  owner  of  any  such  animal  listed  for  taxation,  killed  or  maliciously 


LAWS   RELATING   TO   AGRICULTURE.  65 

injured  contrary  to  law,  or  carried  or  enticed  away  from  the  premises 
of  the  owner  or  harborer  for  the  purpose  of  being  killed  or  injured, 
may  recover  of  the  person  so  killing  or  injuring  the  same,  as  exemplary 
damages,  any  sum  not  exceeding  that  for  which  such  animal  stands  re- 
turned for  taxation. 

As  to  the  taxation  of  dogs,   see  §§  2754,   2833,   R.  S. 

Sec.  4215.  [Statement  of  damages  for  sheep  killed  or  injured  by 
dogs;  witnesses.]  Any  person  damaged  by  the  killing  or  injury~of 
sheep  by  dog  or  dogs,  may  present  a  detailed  account  of  the  injury  done, 
with  damages  claimed  therefor,  verified  by  affidavit  at  any  regular  meeting 
of  the  trustees  of  the  township  where  the  damage  or  injury  occurred, 
and  within  six  months  thereafter,  which  account  shall  state  the  kind, 
grade,  quality  and  value  of  the  sheep  so  killed  and  nature  and  amount 
of  the  injury,  and  shall  make  it  appear  to  the  satisfaction  of  the  trus- 
tees upon  the  parole  testimony  of  at  least  two  other  persons  who  are 
freeholders  of  the  neighborhood  where  the  injury  was  done,  that  the 
damage  claimed  is  just  and  reasonable;  and  also  make  it  appear  that 
such  injury  was  not  caused  in  whole  or  in  part  by  any  animal  kept  or 
harbored  by  him,  or  by  an  employe  or  tenant  of  the  owner  upon  such 
owner's  premises,  and  that  he  does  not  know  whose  animal  committed 
such  injury,  or  if  known  and  such  account  reduced  to  judgment  could 
not  be  collected  on  execution  ; 

[Fees  of  witnesses;  oath  of  claimant  and  witness.]  And  the  wit- 
nesses in  such  cases,  not  exceeding  two,  shall  be  allowed  fifty  cents  each 
and  mileage  as  in  other  cases;  the  trustees  are  hereby  authorized  and 
empowered  to  administer  oath  or  affirmation  to  any  such  claimant  or 
witness ; 

[Employe  or  tenant.]  Provided,  however,  that  if  the  sheep  killed 
or  injured  are  in  the  care  of  an  employe  or  tenant  of  the  owner  of  the 
same,  such  affidavit  may  be  made  by  such  employe  or  tenant,  and  the 
testimony  of  such  employe  or  tenant  may  be  received  in  regard  to  all 
matters  relating  thereto  to  which  such  owner  would  be  competent  to  testify. 

[Hearing,  allowance,  indorsement,  transmission  and  record  of 
claims.]  The  trustees  shall  hear  such  claims  in  the  order  of  their 
filing,  and  may  allow  the  same  or  such  parts  thereof  as  they  may  deem- 
right,  and,  if  satisfied  that  such  claim  is  correct  and  just,  they  shall  en- 
dorse thereon  the  amount  allowed  and  transmit  the  same  with  the  testi- 
mony so  taken,  together  with  the  fees  due  witnesses  over  their  own  of- 
ficial signatures  to  the  county  commissioners,  in  care  of  the  county  audi- 
tor :  who  shall  enter  upon  a  book  to  be  kept  for  that  purpose,  in  their 
order,  each  claim  received ; 

[Examination  and  order  for  payment.]  The  county  commission- 
ers shall,  at  their  next  regular  meeting,  examine  the  same,  and  if  found 
in  whole  or  in  part  correct  and  just,  order  the  payment  thereof,  or  such 
parts  as  they  may  have  found  correct  and  just,  to  be  paid  out  of  the 
fund  created  by  the  per  capita  tax  on  dogs ; 

[Payment.]  And  such  other  claims  as  may  have  been  allowed  in 
whole  or  in  part,  may  be  paid  at  any  regular  quarterly  session  of  such 
commissioners. 

[When  fund  insufficient;  transfer  of  excess.]  And  prov:  led, 
that  if  such  fund  is  insufficient  to  pay  all  such  claims  in  full,  C  ey  .      li 

5     F.  H.  B. 


Ot>  LAWS    RELATING    TO    AGRICULTURE. 

be  paid  pro  rata;  and  if,  after  paving  all  such  claims,  at  the  June  ses- 
sion, there  remain  more  than  one  thousand  dollars  of  usch  fund,  the 
excess,  or  a  part  thereof,  may  be  transferred  to  the  school  fund,  the 
county  agricultural  society,  the  bridge  fund  or  to  the  fund  for  the  relief 
of  indigent  soldiers,  at  the  discretion  of  the  county  commissioners ; 

[Cuyahoga  county.]  But  in  Cuyahoga  county,  so  much  of  the 
excess  as  may  be  required  may  be  appropriated  to  the  payment  of  the 
amount  authorized  by  the  second  section  of  the  act  relating  to  indus- 
trial schools  or  children's  homes,  passed  April  24,  1877. 

[Lucas  county.]  And  provided,  further,  that  in  counties  having 
therein  a  city  of  the  third  grade  of  the  first  class  in  which  there  exists 
a  society  "to  prevent  cruelty  to  animals,"  organized  under  chapter  12, 
title  2  of  the  Revised  Statutes,  the  said  excess  shall  be  paid  over  to  the 
treasurer  of  said  society. 

[Blanks  for  accounts,  affidavits  and  testimony.]  All  accounts, 
affidavits  and  testimony  shall  be  made  upon  blanks,  the  form  of  which 
shall  be  prepared  by  the  secretary  of  state,  and  which  blanks  shall  be 
furnished  by  the  county  commissioners. 

Sec.  4215a.  [Allowance  by  county  commissioners  of  damages 
for  sheep  killed  by  dogs.]  That  any  surplus  of  funds  arising  from  the 
per  capita  assessment  upon  dogs,  transferred  to  the  school  fund  under 
section  four  thousand  two  liundrcd  and  fifteen  in  any  county  unless 
otherwise  directed  by  law,  shall  be  appointed  [apportioned]  to  the  dif- 
ferent townships  or  cities  in  proportion  to  the  amount  of  tax  actually 
collected  from  such  townships  or  cities,  and  said  surplus,  if  any,  shall 
be  paid  to  the  treasurers  of  the  several  townships  or  cities  as  the  case 
may  be,  and  the  treasurers  of  the  several  townships  or  cities,  shall  pay 
on  the  order  of  the  township  clerk,  or  city  auditor,  or  comptroller,  to 
each  sub-district  or  special  school  district  therein  in  proportion  to  its 
enumeration  of  youth  of  school  age,  for  the  use  of  the  school  or  schools 
of  said  sub-district  or  special  school  district,  the  amount  found  due  the 
same  from  funds  credited  to  the  township  or  city  from  surplus  dog  tax. 


horses. 

(4221-7)  Sec.  1.  [Fraudulent  entry  of  horse  in  contest  of 
speed.]  In  order  to  encourage  the  breeding  of,  and  improvement 
in  trotting,  running  and  pacing  horses  in  the  state  of  Ohio,  it  is  hereby 
made  unlawful  for  any  person  or  persons,  knowingly  to  enter  or  cause 
to  be  entered  for  competition,  or  to  compete  for  any  purse,  prize,  pre- 
mium, stake  or  sweepstakes  offered  or  given  by  any  agricultural  or 
other  society,  association,  or  person  or  persons  in  the  state  of  Ohio, 
any  horse,  mare,  gelding,  colt  or  filly  under  an  assumed  name  or  out 
of  its  proper  class  where  such  prize,  purse,  premium,  stake  or  sweep- 
stake is  to  be  decided  by  a  contest  of  speed. 

(4221-8)  Sec.  2.  [Penalty.]  That  any  person  or  persons 
found  guilty  of  a  violation  of  Section  t  (4221-7)  of  this  act  shall,  upon 
conviction  thereof,  be  imprisoned  in  the  Ohio  penitentiary  for  a  period  of 
not  less  than  one  year  nor  more  than  three  years. 

(4221-9)  Sec  3.  [Change  of  name  for  purpose  of  entry.] 
That  the  name  of  any  horse,  mare,  gelding,  colt  or  fifty  For  the  purpose 


LAWS    RELATING   TO   AGRICULTURE.  67 

<oi  entry  for  competition  in  any  contest  of  speed,  shall  not  be  changed 
•alter  once  having  contested  for  a  prize,  purse,  premium,  stake  or  sweep- 
stakes, except  as  provided  by  the  code  of  printed  rules  of  the  society 
•or  association  under  which  the  contest  is  advertised  to  be  conducted. 

(4221-10)     Sec.  4.     [Class    determined   by    performance.]     The 

class  to  which  a  horse  belongs  for  the  purpose  of  an  entry  in  any^uch 
•contest  of  speed  shall  be  determined  by  the  public  performance  of  said 
horse  in  said  former  contest  or  trial  of  speed,  as  provided  by  the  printed 
rules  of  the  society  or  association  under  which  the  proposed  contest  is 
advertised  to  be  conducted. 

(4221-11)  Sec.  5.  [Cheating  by  false  pretense.]  Whoever,  for 
the  purpose  of  competing  for  purses  or  premiums,  knowingly  and  de- 
signedly enters  or  drives  any  horse,  gelding,  mare,  colt  or  filly  that  shall 
have  been  painted  or  disguised,  or  represents  any  other  or  different 
horse,  gelding,  mare,  colt  or  filly  from  the  one  which  is  purported  to 
be  entered,  or  shall,  knowingly  and  designedly,  for  the  purpose  of  com- 
peting for  purses  or  premiums,  enter  or  drive  a  horse,  gelding,  mare, 
■colt  or  filly  in  a  class  to  which  it  does  not  properly  belong,  shall  be 
deemed  guilty  of  cheating  by  false  pretense  and  shall  be  punished  by 
fine  and  imprisonment  as  provided  in  Section  2  (4221-8)  of  this  act. 

(4221-12)  Sec.  6.  [Penalty.]  Any  person  or  persons  know- 
ingly misrepresenting  or  fraudently  concealing  the  public  performance 
in  any  former  contest  or  trial  of  speed,  [of]  any  horse,  gelding,  mare, 
•colt  or  filly  which  he  or  they  propose  to  enter  for  a  competition  in  any 
•such  contest,  shall,  upon  conviction  thereof,  be  liable  to  the  same  punish- 
nnent  as  is  provided  in  Section  2  (4221-8)  of  this  act,  whether  he  or 
titey  shall  succeed  in  making  said  entry  or  not. 


FENCES. 

Sec.  4239.  [How  expenses  of  making  partition  fences  adjusted.] 
The  owner  or  lessee  for  three  or  more  years,  of  land  adjoining  a  fence, 
of  whatsoever  material  constructed,  in  all  respects  such  as  a  good  hus- 
bandman ought  to  keep,  erected  by  the  owner,  or  lessee  for  one  or  more 
years,  on  the  line  of  his  land,  who  makes  or  causes  to  be  made  an  in- 
closure  adjoining  such  fence,  so  that  such  fence  answers  the  purpose 
of  inclosing  his  land,  shall  pay  the  owner  of  such  fence  already  erected 
one-half  the  value  of  so  much  thereof  as  serves  as  a  partition  fence,  to 
be  adjudged  by  the  township  trustees  of  the  township  in  which  the  fence 
is  situate;  and  the  amount  so  judged,  if  not  paid,  may  be  recovered  by 
the  owner  of  such  fence  witTi  costs  of  suit ;  but  nothing  in  this  chapter 
•contained,  shall  apply  to  trie  inclosure  of  lots  in  municipal  corporations. 

Sec.  4239a.  [Barbed  wire  partition  fence;  penalty.]  No  person 
or  corporation  shall  construct  or  cause  to  be  constructed,  in  whole  or 
in  part  a  partition  fence,  from  barbed  wire,  unless  the  written  consent 
of  the  owner  or  lessee  for  three  or  more  years  of  the  premises  be  first 
obtained.  Whoever  constructs  or  causes  to  be  constructed  a  barbed  wire 
partition  fence  without  the  consent  contemplated  in  this  section,  shall 
be  fined  not  more  than  one  hundred  dollars  nor  less  than  ten  dollars. 

Sec.  4240.      [Who  to  keep  partition  fences  in  repair;  live  fences.] 

The  owners  or  lessees  for  one  or  more  vears  of  lands  inclosed  with  fences, 


68  LAWS   RELATING   TO   AGRICULTURE. 

shall  keep  up  and  maintain  in  good  repair  all  partition  fences  between 
their  own  and  the  next  adjoining  inclosures,  in  equal  shares,  so  long  as 
both  parties  continue  to  occupy  or  improve  the  same.  But  no  willow 
fence,  or  any  other  live  fence  except  that  known  as  the  Osage  orange 
or  blackthorn  hedge,  shall  be  permitted  on  such  partition  except  by 
mutual  consent  or  agreement  of  the  owners  of  the  adjoining  lands  ;  and 
the  refusal  or  neglect  of  either  party  to  such  partition  fence  to  comply 
with  this  provision  shall  subject  such  defaulting  party  to  the  provisions 
and  penalties  named  in  sections  4242  and  4243  of  the  Revised  Statues. 

(4240-1)  Sec.  1.  [Requiring  the  cutting  of  briers,  thistles,  etc., 
along  partition  fences.]  It  shall  be  the  duty  of  owners  of  land,  adja- 
cent to  any  line  or  partion  fence,  when  the  enclosure,  of  two  or  more 
persons,  is  divided  by  such  fence,  and  when  the  land  is  improved  on 
both  sides  of  the  same,  to  keep  all  brush,  briers,  thistles,  or  other 
noxious  weeds,  cut  in  the  fence  corners,  or  along  the  line  of  partition 
fences,  provided,  however,  that  nothing  in  this  section  shall  be  construed 
to  affect  the  planting  of  vines  or  trees  for  use. 

(4240-2)  Sec.  2.  [Notice  to  land  owner  failing  to  cut  noxious 
weeds,  and  duties  of  township  trustees  in  the  premises.]  If  the  owner 
or  tenant,  occupying  the  same,  neglects  or  refuses  to  cut  or  have  cut, 
such  brush,  briers,  thistles  or  other  noxious  weeds,  as  provided  in  the 
foregoing  section,  then  any  owner  or  occupant  of  land  abutting  on  such 
line  or  partition  fence,  who  may  feel  aggrieved  thereby,  may,  after  having 
given  the  owner  or  tenant  occupying  such  land  notice  of  his  intentions, 
of  not  less  than  thirty  days  (and  if  such  brush,  briers,  thistles,  or  other 
noxious  weeds  are  not  cut  or  removed  at  the  expiration  of  said  thirty 
days),  notify  the  trustees  of  the  township  in  which  such  land  is  situated, 
whose  duty  it  shall  be  to  at  once  repair  upon  the  premises,  when,  if  they 
become  satisfied  there  is  just  cause  of  complaint,  they  shall  proceed 
to  cause  such  brush,  briers,  thistles,  or  other  noxious  weeds  to  be  cut, 
in  such  manner  as  they  may  consider  best,  either  by  letting  the  work  to 
the  lowest  bidder,  or  by  entering  into  a  private  contract  to  have  the  same 
performed. 

(4240-3)  Sec.  3.  [Cost  of  work;  how  collected  and  paid.]  As 
soon  as  the  work  shall  be  completed  to  the  satisfaction  of  the  trustees, 
they  shall  certify  to  the  auditor  of  the  county,  the  amount  of  the  cost 
of  such  labor,  together  with  the  expense  thereto  attached,  with  a  cor- 
rect description  of  the  land  upon  which  said  labor  has  been  performed, 
and  the  auditor  shall  place  the  same  upon  the  duplicate,  to  be  col- 
lected the  same  as  other  taxes  are  collected,  and  the  county  treasurer 
shall  pay  the  amount  when  collected,  to  the  township  treasurer  as  other 
funds,  specifying  the  same. 

(4240-4)  Sec.  4.  [Anticipating  such  cost.]  The  township 
trustees  ma}'  anticipate  the  collection  and  refunding  the  cost  of  said  labor 
to  the  township  treasurer,  and  at  the  time  said  labor  is  performed  draw 
their  order  upon  such  treasurer  for  the  amount,  payable  out  of  any  town- 
ship funds  that  may  be  in  his  hands. 

(4240-5)  Sec.  5.  [Trustees'  fees.]  The  township  trustees  shall 
be  entitled  to  one  dollar  per  day  for  their  services  under  this  act. 

Sec.  4^41.  [When  party  ecitl  d  to  remove  his  share  of  parti- 
tion fence.]     When  the  enclosure  of    wo  or  more  persons  are  divided 


LAWS    RELATING   TO   AGRICULTURE. 


69 


by  a  partition  fence  of  any  kind,  and  either  of  the  parties  thinks  proper 
to  vacate  his  part  of  such  inclosure,  or  to  make  a  lane  or  passage  between 
such  adjoining  inclosures,  such  person  may  remove  his  share  or  part  of 
such  partition  fence,  on  giving  six  months'  notice  in  writing  of  such 
intention,  to  the  party  owning  or  occupying  the  adjoining  inclosure, 
or  to  his  agent  if  such  party  is  not  a  resident  of  the  county ;  provided, 
that  the  foregoing  provisions  of  this  section  shall  not  be  applicable  to 
owners  of  narrow  strips  of  land  not  more  than  two  rods  in  width,  be- 
tween adjoining  farms  of  other  persons  while  used  and  occupied  by 
such  owners  for  the  purposes  of  farm  outlets,  to  and  from  public  high- 
ways ;  in  such  cases  the  owners  thereof  unless  otherwise  provided  for  shall 
keep  and  maintain  in  good  repair,  one-half  of  such  partition  fence,  on 
either  side  of  such  farm  outlet,  or  private  right  of  way. 

Sec.  4242.  [Duty  and  power  of  township  trustees  in  respect  to 
controversies  about  partition  fences;  assignment  of  fence  to  be  con- 
structed or  kept  in  repair  by  each  party;  how  made.]  When  any 
controversy  arises  about  the  rights  of  owners  of  adjoining  lands,  both 
of  which  are  enclosed,  in  relation  to  building  or  maintaining  partition 
fences,  and  their  obligation  to  build  and  maintain  the  same  in  good 
repair,  either  party  may  apply  to  the  trustees  of  the  township  in  which 
such  premises  or  fence  are  situate,  who,  on  application,  shall,  after  not 
less  than  ten  days  written  notice  to  all  parties  interested  in  the  title  or 
possession  of  the  premises,  or  the  construction  or  repair  of  the  fence, 
proceed  to  view  the  fence  or  premises,  where  the  fence  is  to  be  built, 
and  assign,  in  writing,  to  each  party  his  equal  share  thereof,  to  be 
by  him  constructed  or  kept  in  repair  so  as  to  be  in  all  respects  a  good 
and  substantial  fence ;  the  assignment  shall  also  specify  the  time  within 
which  such  fence  and  each  of  its  parts  shall  be  constructed  or  repaired ; 
and  shall  be  binding  upon  the  parties  and  all  succeeding  occupants  of 
the  premises  for  one  year  thereafter,  and  until  a  new  assignment  is  made. 
Provided,  however,  that  if  the  owner  is  a  non-resident  of  the  county,  then 
the  notices  provided  for  in  this  section  and  section  four  thousand  two 
hundred  and  forty-three,  may  be  served  on  his  authorized  agent  or  the 
person  occupying  the  premises,  and  at  the  same  time  they  shall  mail 
a  notice  to  the  owner  if  his  post-office  address  is  known. 

Sec.  4242a.  [Partition  fence  where  division  line  in  stream.] 
Where  the  division  line  of  adjacent  land  owners  is  in  a  stream  of  water 
along  which  division  line  it  is  impractical  to  construct  and  maintain  a 
partition  fence,  and  where  such  partition  fence  is  necessary  to  prevent 
domestic  animals  of  one  of  said  land  owners  from  trespassing  upon  the 
land  of  the  other,  and  where  the  trustees  of  any  township  have  heretofore 
or  may  hereafter  assign  to  each  of  said  land  owners  his  part  or  share 
of  such  fence  to  be  constructed  and  kept  in  repair,  as  provided  by  section 
4242  of  the  Revised  Statutes,  the  part  so  assigned  to  each  land  owner 
shall  be  built  and  maintained  upon  his  own  premises  along  the  bank  of 
said  stream,  and  the  parts  of  the  fence  so  assigned  shall  be  joined  together 
by  each  land  owner  constructing  a  fence  or  water  gate  from  the  end  of 
said  fence  so  assigned  to  him  nearest  to  the  end  so  assigned  the  other 
land  owner  to  the  division  line  in  said  stream  of  water  ;  and  for  the  pur- 
pose of  determining  the  liabilitv  of  one  of  said  landowners  by  reason 
of  the  trespass  of  domestic  animals  upon  the  lands  of  the  other,  such 
fence  shall  be  considered  and  held  to  be  a  partition  fence. 

Sec.  4243.  [Building  of  partition  fence  and  collection  and  pay- 
ment of  cost  when  either  party  fails  to  comply  with  assignment.]      If 


70  LAWS    RELATING   TO   AGRICL'LTURL. 

either  party  fail  to  comply  with  the  assignment,  the  trustees  may,  uponi 
the  application  of  the  aggrieved  party,  sell  the  contract  to  the  lowest 
responsible  bidder  to  furnish  the  labor  and  material  and  build  such 
fence  according  to  specifications  to  be  prepared  by  the  trustees  after- 
advertising  the  same  for  a  period  of  ten  days,  by  setting  up  posters  in 
three  public  places  in  the  township.  As  soon  as  he  work  shall  be  com- 
pleted in  conformity  with  the  sale,  and  to  the  satisfaction  of  the  trustees,, 
they  shall  immediately  certify  to  the  auditor  of  the  county  the  amount 
such  fence  sold  for,  adding  the  proportionate  amount  of  cost  and  ex- 
penses of  such  sale,  and  of  all  former  proceedings  of  the  trustees  and. 
clerk,  together  with  a  correct  description  of  each  piece  of  land  upon; 
which  the  same  is  assessed,  and  the  auditor  shall  place  the  same  on  the- 
duplicate  to  be  collected  as  other  state  and  county  taxes  are  collected,, 
and  the  trustees  shall  at  the  same  time  certify  the  amount  due  each  person,, 
for  building  such  fence,  and  also  the  amount  due  each  trustee  and  clerk 
for  their  services  rendered  in  such  proceedings,  and  the  auditor  shah- 
draw  orders  for  the  payment  of  such  amounts  out  of  the  county  treas- 
ury ;  but  any  person  interested  may  pay  his  share  of  the  purchase  money 
and  proportionate  amount  of  costs  and  expenses  aforesaid  to  the  town- 
ship clerk  at  any  time  before  the  same  are  charged  on  the  tax  duplicate,, 
to  be  distributed  by  the  clerk  among  the  parties  to  which  it  belongs. 

Sec.  4244.      [When  and  how  reassignment  may  be  had.]      At  any 

time  after  the  expiration  of  one  year  from  the  date  of  such  assignment, 
any  party  interested  in  such  partition  fence  who  considers  himself 
aggrieved  by  the  proceedings  of  the  trustees  in  making  the  assignment., 
may  apply  to  the  trustees  for  a  re-examination  and  re-assignment ;  and 
the  same  notice  shall  be  given  and  proceedings  had  as  provided  for  in 
section  forty-two  hundred  and  forty-two  and  such  re-assignment  shall 
be  recorded,  and  copies  thereof  made  and  served,  and  it  shall  have  the- 
same  binding  force,  operation,  and  effect  as  the  assignment  in  the  said 
section  provided  for. 

Sec.  4245.  [Jurisdiction  of  trustees  where  partition  fence  on, 
township  line.]  When  a  partition  fence  in  controversy  is  on  a  town- 
ship or  county  line,  the  trustees  of  the  adjacent  townships  shall  have 
concurrent  jurisdiction  and  the  trustees  of  either  of  such  townships  may 
be  called  to  perform  the  duties  in  this  chapter  imposed  in  regard  to 
partition  fences  ;  and  either  party  may,  if  he  think  proper,  call  also  the 
trustees  of  the  other  township,  in  which  case  they  shall  act  jointly]  but 
the  record  shall  be  made  in  both  townships. 

Sec.  4246.  [Where  suit  to  be  brought  relating  to  fence  on  town- 
ship or  county  line.]  If  a  partition  fence,  or  an  inclosure,  or  anv 
part  thereof,  is  on  the  line  of  a  township,  or  on  the  line  of  or  in  two 
or  more  townships  of  the  same  or  different  counties,  all  suits  prosecuted 
under  the  provisions  of  this  chapter  may  be  brought  before  a  justice  of 
the  peace  in  the  township  in  which  the  .defendant  resides,  or  if  there 
be  no  justice  residing  therein  or  he  is  interested  in  the  event  of  the 
suit,  or  stands  in  the  relation  of  father,  father-in-law,  son,  son-in-law. 
brother,  brother-in-law,  guardian,  ward,  uncle,  nephew,  or  cousin  to- 
either  of  the  parties,  the  action  may  be  brought  in  either  of  such  town- 
ships; and  in  such  case,  the  justice  before  whom  such  action  is  brought 
shall  issue  process  against  the  defendant,  directed  to  any  constable  of 
the  township  in  which  such  justice  resides,  which  process  the  constable 
shall  be  authorized  to  serve  and  return,  and  the  defendant  shall  be  com- 


LAWS    RELATING   TO   AGRICULTURE.  -i  1 

pelled  to  answer  thereto,  and  such  other  proceedings  shall  be  had  therein 
as  if  the  defendant  resided  in  the  township  where  the  action  was  com- 
menced. 

Sec.  4247.  [Where  suit  to  be  brought  when  fence  wholly  within 
township.]  When  the  fence  or  inclosure  is  situate  wholly  within  one 
township,  all  suits  brought  under  this  chapter  before  a  justice  oj  the 
peace  shall  be  brought  in  the  township  in  which  the  defendant  resides, 
unless  the  case  comes  within  one  of  the  exceptions  specified  in  the  next 
preceding  section,  in  which  case  suit  may  be  brought  in  any  adjoining- 
township  of  the  same  county,  and  process  shall  be  issued,  served,  and 
returned,  and  further  proceedings  had  thereon,  as  provided  for  in  said 
section. 

Sec.  4248.  [Remedies  provided  not  cumulative.]  If  a  person, 
commence  proceedings  under  this  chapter  to  obtain  redress,  as  herein 
provided,  and  prosecute  the  same  to  final  judgment,  he  shall  be  barred 
of  his  action  at  common  law  for  the  same  injury ;  and  if  he  sue  at  common 
law,  and  prosecute  such  suit  to  final  judgment,  he  shall,  in  like  manner, 
be  barred  of  his  remedy  for  the  same  injury  under  this  chapter. 

Sec.  4249,  [Penalty  against  trustee  for  neglect.]  A  trustee  who 
refuses  or  neglects  to  perform  any  duty  imposed  on  him  by  law,  may 
be  fined  in  any  sum  not  less  than  five  nor  more  than  fifty  dollars,  to 
be  recovered  by  civil  action,  in  the  name  of  the  state ;  and  the  amount 
recovered  shall  be  paid  into  the  township  treasury  for  township  purposes. 

Sec.  4250.  [Hbw  damage  by  trespassing  animals,  on  account 
of  failure  to  repair  partition  fence,  recovered.]  If  a  horse,  mule,  or 
ass,  or  any  neat  cattle,  hog,  sheep  or  goat  injure  or  trespass  upon  the 
land  or  inclosure  of  any  person  bounded  by  a  partition  fence,  in  con- 
sequence of  the  failure  or  neglect  of  the  other  party  to  keep  up  and 
maintain  in  good  repair  his  part  or  share  of  such  partition  fence,  the 
person  so  failing  or  neglecting  shall  forfeit  and  pay  to  the  person  in- 
jured the  amount  of  all  damages  sustained  thereby,  which  shall  be  as- 
sessed under  oath,  by  three  judicious,  disinterested  men,  residents  of 
the  county,  to  be  appointed  by  a  justice  of  the  peace  of  the  township 
in  which  the  premises  are  situate  ;  and  if  the  same  are  not  paid  after 
demand  therefor,  the  amount  thereof  may  be  recovered  in  an  action 
before  anv  court  having  competent  jurisdiction,  with  costs  of  suits  ;  and- 
in  all  suits  commenced  under  the  provisions  of  this  section,  such  assess- 
ment, reduced  to  writing,  and  subscribed  by  the  persons  making  the 
same,  shall  be  received  as  prima  facie  evidence  of  the  real  amount  of 
damages  sustained  by  the  party  aggrieved,  reserving  to  the  court  before 
which  the  cause  is  tried  the  power  of  setting  the  same  aside  for  irregu- 
larity, or  other  good  cause,  and  the  animal  or  animals  so  trespassing 
shall  not  be  exempt  from  execution  issued  on  a  judgment  rendered  in 
any  court,  or  before  any  officer  having  jurisdiction,  for  damages  occa- 
sioned by  such  trespass. 

Sec  4251.  [Liability  of  owner  of  trespassing  animal  for  dam- 
ages.] If  any  horse,  mule,  ass,  neat  cattle,  hog,  sheep,  or  goat,  run- 
ning at  large,  break  into  or  enter  any  inclosure,  other  than  Enclosures 
of  railroads,  the  owner  of  any  such  animal  shall  be  liable  to  the  owner 
or  occupant  of  such  inclosure  for  all  damages  occasioned  thereby  :  and 
the  animal  so  breaking  into  or  entering  any  inclosure  shall  not  be  ex- 
empted from  execution  issued  on  a  judgment  rendered  in  anv   court. 


72  LAWS    RELATING   TO    AGRICULTURE. 

or  before  an  officer  having  jurisdiction,  for  damages  occasioned  by  such 
trespass. 

Sec.  4252.  [How  hedge  fence  regulated.]  An  owner  or  occupant 
of  land  bordering  upon  any  public  road  or  highway,  except  a  street  or 
alley  in  a  municipal  corporation,  or  through  which  any  public  road  or 
highway  passes,  may  set,  plant,  and  cultivate  a  hedge  or  live  fence,  pre- 
cisely on  the  line  of  the  road  or  public  highway,  and  place  on  the  mar- 
gin of  such  road  a  protection  fence,  not  to  occupy  more  than  six  feet 
of  the  margin  or  edge  of  the  road ;  and  such  protection  fence,  when 
placed  opposite  any  live  fence  or  hedge  actually  set  or  planted,  shall 
be  permitted  by  the  supervisors  and  all  other  persons,  to  remain  for 
the  term  of  seven  years;  but  the  trustees  of  any  township  may  grant 
permission  in  writing,  to  the  owner  of  any  hedge  or  live  fence,  to  con- 
tinue such  protection  fence  any  length  of  time  which  they  may  deem 
necessary. 

Sec  4253.  [Size  of  hedge  fence  restricted.]  The  owner  of  any 
hedge  fence  on  a  partition  line,  or  along  a  public  highway,  shall  not 
permit  such  fence  to  remain  of  a  greater  height  or  width  than  six  feet, 
for  a  longer  period  than  six  months,  or  leave  the  cuttings  from  the 
same  on  the  public  highway  for  a  greater  length  of  time  than  ten  days. 

Sec.  4254.  [Penalty  for  violation  of  the  provisions  with 
respect  to  hedge  fence.]  A  person  who  violates  the  preceding  sec- 
tion shall  be  liable  to  the  person  damaged  in  a  sum  not  exceeding  twenty 
cents  per  rod  of  such  hedge  fence;  and  if  the  hedge  is  along  a  public 
highway,  he  shall  be  liable  to  the  trustees  of  the  township  in  which  it 
is  situate,  in  a  sum  not  exceeding  fifteen  cents  per  rod  of  such  fence ; 
but  before  judgment  is  rendered  it  shall  appear,  by  affidavit,  that  the 
party  complained  against  has  had  at  least  twenty  days'  notice  before 
the  beginning  of  the  suit,  from  the  party  complaining,  that  such  hedge 
is  unlawful,  and  that  unless  cut  to  a  proper  height  within  twenty  days 
suit  will  be  commenced  for  such  violation. 

Sec  4255.  [Where  actions  with  respect  to  hedge  fence  to  be 
brought.]  All  actions  under  the  two  next  preceding  sections  shall  be 
brought  upon  the  complaint  of  the  person  damaged,  before  a  justice  of 
the  peace  of  the  township  in  which  the  hedge  is  situate,  or  if  the  hedge 
is  along  a  public  highway,  the  complaint  shall  be  made  by  the  supervisor 
of  the  road  in  whose  district  the  hedge  is  situate. 


VETERINARIANS. 


(441 2-1)  Sec  1.  [Examination  of  veterinarians.]  All  persons 
who  now,  or  shall  hereafter,  practice  veterinary  medicine  and  surgery 
in  the  state  of  Ohio,  and  have  not  been  engaged  in  such  practice  for  at 
least  three  years  prior  to  the  passage  of  this  act,  (May  21,  1894),  in  the 
state  of  Ohio,  shall  be  examined  as  to  their  qualifications  by  a  state  board 
of  veterinary  examiners,  to  be  appointed  as  hereinafter  provided. 

(4412-2)  Sec.  2.  [Certificate.]  Any  one  who  successfully 
passes  the  examination  before  the  state  board  of  veterinary  examiners 
shall  receive  from  said  board  a  certificate  signed  by  the  members  thereof, 
which  certificate  shall  state  that  the  person  to  whom  it  is  given  has  passed 
the  prescribed  examinations  and  is  competent  to  practice  veterinary  medi- 


LAWS   RELATING   TO   AGRICULTURE.  73 

cine  and  surgery.  A  copy  of  such  certificate  shall  be  recorded  by  the 
clerk  of  said  board  in  a  book  kept  for  that  purpose -which  shall  be  open 
to  the  public  inspection. 

(4412-3)  Sec.  3.  [Veterinarians  employed  by  state  boards.] 
Persons  who  have  passed  the  requisite  examinations  and  received  a  certi- 
ficate from  the  state  board  of  veterinary  examiners,  and  those  whojiaye 
continuously  practiced  veterinary  medicine  and  surgery  for  at  least  five 
years,  and  no  others,  shall  be  qualified  and  be  entitled  to  be  employed  as 
veterinaries  by  the  state  board  of  agriculture,  state  live  stock  commission 
and  state  board  of  health. 

(4412-4)  Sec.  4.  [State  board  of  examiners.]  The  state  board 
of  veterinary  examiners  shall  consist  of  five  members.  The  secretary  of 
the  state  board  of  agriculture  and  the  secretary  of  the  state  board  of  health 
shall  be  ex  officio  members  of  said  board.  Three  members  thereof  shall 
be  appointed  by  the  governor  and  confirmed  by  the  senate  for  the  terms 
respectively  of  two,  four  and  six  years,  and  every  two  years  thereafter  the 
governor  shall  appoint  a  member  for  the  term  of  six  years.  Vacancies  in 
said  board  shall  be  filled  by  appointment  for  the  unexpired  term.  The 
members  so  appointed  by  the  governor  shall  be  graduates  of  reputable  but 
of  different  veterinary  schools  or  colleges,  and  men  of  superior  learning, 
personal  skill  and  good  moral  character. 

(4412-5)  Sec  5.  [Meetings,  etc.]  The  board  shall  meet  at 
least  twice  a  year — in  April  and  July — in  the  city  of  Columbus.  At  the 
first  meeting  the  board  shall  organize  by  electing  from  its  members  a 
president,  secretary  and  treasurer,  who  shall  hold  their  offices  for  two 
years  or  until  their  successors  have  been  elected  and  qualified.  The  sec- 
retary shall  keep  an  accurate  record  of  the  business  transacted  and  of  the 
certificates  issued  as  heretofore  provided.  He  shall  collect  the  fees  to 
be  paid  by  the  applicants  for  examination  and  pay  the  same  over  to  the 
treasurer  and  shall  perform  such  other  duties  as  the  board  may  prescribe. 
He  shall  keep  a  correct  account  of  all  moneys  received  and  dibursed. 

(4412-6)  Sec  6.  [Compensation  of  members.]  The  board  each 
shall  receive  three  dollars  per  day,  while  in  session,  and  his  actual  traveling 
expenses,  to  be  paid  by  the  treasurer  out  of  the  fees  paid  by  the  candidates 
for  examination. 

(4412-7)  Sec  7.  [When  certificate  issued;  eligibility  of  un- 
successful candidate.]  A  certificate  shall  be  issued  only  when  the 
board  is  satisfied  that  the  candidate  examined  is  well  qualified  and  entitled 
to  a  certificate.  The  candidate,  if  unsuccessful,  shall  not  be  eligible  to 
another  examination  until  the  expiration  of  one  year  thereafter. 

(4412-8)  Sec  8.  [Time  and  fee  for  examination.]  Candidates 
shall  present  themselves  for  examination  at  the  regular  meetings  of  the 
board  and  shall  pay  for  each  examination  the  sum  of  five  dollars,  which 
shall  accompany  their  application  in  writing,  and  be  paid  to  the  secretary 
of  the  board  previous  to  the  regular  meeting  of  the  board.  One-half 
of  the  five  dollars  shall  be  returned  if  the  candidate  fails  in  the  examina- 
tion or  if  a  diploma  is  accepted  in  lieu  of  an  examination. 

(4412-9)  Sec  9.  [Acceptance  of  diploma  in  lieu  of  examina- 
tion.] The  board  may  accept  a  properly  issued  diploma  in  lieu  of  an 
examination  ;  but  such  a  diploma  shall  be  accepted  only  if  it  has  been  issued 
by  a  reputable  veterinary  school  or  college,  that  requires  a  course  of  study 
and  gives  instruction  in  all  the  various  branches  of  veterinary  science. 


74  LAWS   RELATING   TO   AGRICULTURE. 

(4412-10)  Sec.  to.  [Penalty;  emergency.]  Whoever  shall  en- 
gage in  the  practice  of  veterinary  medicine  or  surgery  in  violation  of  this- 
act  shall,  for  the  first  offense,  be  fined  not  less  than  ten  dollars,  nor 
more  than  twenty-five  dollars,  and  for  the  second  offense  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars,  or  be  imprisoned  in 
the  county  jail  not  more  than  sixty  days,  or  both.  Provided,  that  nothing 
in  this  act  shall  be  construed  to  prohibit  any  veterinary  advice  or  service 
in  cases  of  emergency  if  rendered  by  a  person  not  entitled  to  practice 
under  this  act.  Nor  shall  it  apply  to  animal  castration  and  dehorning  of 
cattle. 


WEIGHTS    AHD    MEASURES. 

Sec.  4428.  [Standards,  those  furnished  by  United  States  gov- 
ernment; metric  system.]  The  standard  weights  and  measures  furn- 
ished the  state  of  Ohio  by  the  secretary  of  the  treasury  of  the  United. 
States,  under  a  resolution  of  congress,  approved  June  fourteenth,  one 
thousand  eight  hundred  and  thirty-six,  shall  be  the  legal  standard  of 
weights  and  measures  throughout  the  state ;  but  nothing  in  this  chapter- 
contained  shall  be  construed  to  prevent  the  use  of  the  weights  and  meas- 
ures of  the  metric  system,  authorized  by  congress  of  the  United  States 
as  the  same  appears  in  section  thirty -five  hundred  and  sixty-nine  and 
thirty-five  hundred  and  seventy  of  the  Revised  Statutes  of  the  United. 
States. 

Sec.  44*29.  [By  what  standard  contracts  construed.]  All  con- 
tracts hereafter  made  within  this  state  for  work  to  be  done,  or  for  anything 
to  be  sold  by  weight  or  measure,  shall  be  taken  and  construed  according  to- 
the  standards  hereby  adopted  as  the  standards  of  this  state. 

Sec.  4430.  [Yard,  the  standard  measure  of  length  and  surface; 
subdivisions  of  yard.]  The  unit  of  standard  measure  of  length  and 
surface,  from  which  all  other  measures  of  extension,  whether  they  be 
lineal,  superficial,  or  solid,  shall  be  derived  and  ascertained  is  the  stand- 
ard yard,  now  in  possession  of  the  secretary  of  state,  and  furnished  by  the 
government  of  the  United  States.  The  yard  shall  be  divided  into  three 
equal  parts,  called  feet,  and  each  foot  into  twelve  equal  parts,  called  inches. 
For  the  measure  of  cloths  and  other  commodities  commonly  sold  by  the 
yard,  it  may  be  divided  into  halves,  quarters,  eights,  and  sixteenths. 

Sec.  4431.  [Contents  of  a  rod,  pole,  or  perch;  of  a  mile;  of  a 
chain.]  The  rod,  pole,  or  perch  shall  contain  five  and  a  half  such 
yards ;  the  mile,  one  thousand  seven  hundred  and  sixty  such  yards  ;  the 
chain  for  measuring  land  shall  be  twenty-two  yards  long,  and  shall  be 
divided  into  one  hundred  equal  parts  called  links. 

Sec.  4432.  [Contents  of  an  acre.]  The  acre  for  land  measure 
shall  be  measured  horizontally,  and  contain  ten  square  chains,  and  shall  be 
equivalent  in  area  to  a  rectangle  sixteen  rods  in  length  and  ten  in  breadth  : 
six  hundred  and  forty  such  acres  being  contained  in  a  square  mile. 

Sec.  4433.  [Contents  of  perch  of  mason  work  or  stone.]  The 
perch  of  mason  work  or  stone  shall  consist  of  twenty-five  cubic  feet. 

Sec.  4434.  [Contents  of  a  cord  of  fire-wood  or  tan-bark.]  The 
standard  measure  of  a  cord  of  fire-wood  or  tan-bark,  shall  be  one  hundred 
and  twenty-eight  cubic  feet  well  stowed  and  packed. 


LAWS    RELATING   TO    AGRICULTURE.  ( 0> 

Sec.  4435.  [Standard  weights.]  The  units  or  standards  of 
weight  from  which  all  other  weights  shall  be  derived  [and]  ascertained 
shall  be  the  standard  avoirdupois  and  troy  weights  furnished  this  state 
by  the  United  States  government. 

Sec.  4436.      [Definition  of  a  pound  and  its  subdivision;  ton.]   The 

avoirdupois  pound,  which  bears  to  the  troy  pound  the  ratio  of  seven  thou^ 
sand  to  five  thousand  seven  hundred  and  sixty,  shall  be  divided  into  sixteen 
equal  parts  called  ounces ;  the  hundred  weight  except  of  pig  iron  or  iron 
ore  shall  consist  of  one  hundred  avoirdupois  pounds,  and  twenty  hundred 
weight  shall  constitute  a  ton  ;  and  the  troy  ounce  shall  be  equal  to  the 
twelfth  part  of  a  troy  pound. 

Sec.  4437-  [Gallon  the  standard  measure  for  liquids.]  The  unit 
or  standard  measure  of  capacity  for  liquids  from  which  all  other  measures 
of  liquids  shall  be  derived  and  ascertained,  shall  be  the  standard  gallon, 
and  its  parts,  furnished  this  state  by  the  government  of  the  United 
States. 

Sec.  4438.  [Contents  of  a  barrel.]  The  barrel  shall  be  equal  to 
thirty-one  and  one-half  gallons,  and  two  barrels  shall  constitute  a  hogs- 
head ;  and  barrels  for  the  purpose  of  containing  apples,  potatoes,  onions 
or  any  other  kind  of  fruit,  produce  or  vegetables,  shall  be  made  of  staves 
of  seasoned  timber,  twenty-eight  and  one-half  inches  in  length  with  cut 
heads  of  seventeen  and  one-eighth  inches  in  diameter  and  shall  measure 
at  the  bulge  not  less  than  sixty-six  inches  in  circumference,  outside 
measure. 

Sec.  4438a.  [Branding.]  Such  barrel  shall  be  known  as  the 
''standard  barrel,"  and  on  the  outside  of  one  or  more  of  the  staves  of  each 
and  every  such  barrel  there  shall  be  stamped  or  branded  the  words~"state  of 
Ohio  standard,"  and  the  name  of  the  cooper  or  manufacturer  of  such  barrel 
and  the  name  of  the  city  or  town  the  nearest  to  which  the  cooper-shop  or 
place  of  business  of  such  manufacturer  is  located. 

Sec  4439.  [Half-bushel  the  standard  measure  for  substances 
not  liquids.]  The  unit  or  standard  measure  of  capacity  for  substances 
not  being  liquids,  from  which  all  other  measures  of  such  substances  shall 
be  derived  and  ascertained,  shall  be  the  standard  half  bushel  furnished 
this  state  by  the  government  of  the  United  States,  the  interior  diameter  of 
which  is  thirteen  inches  and  thirty-nine  fortieths  of  an  inch,  and  the  depth 
is  seven  inches  and  one  twenty-fourth  of  an  inch. 

(4439-1)  Sec  1.  [Unlawful  to  use  other  than  standard  half- 
bushel  in  testing  milling  weight,  etc.]  It  shall  be  unlawful  for  any 
person,  commission-merchant,  miller,  dealer,  grain-inspector,  corporation, 
company,  firm,  or  association,  either  by  himself,  itself,  officer,  agent,  or 
employe,  when  purchasing  or  receiving  in  barter  or  exchange  for  flour  or 
otherwise,  from  the  original  producer,  his  agent  or  employe,  to  use  for  the 
purpose  of  testing  or  determining  the  weight,  grade,  milling  or  market 
value  of  wheat,  any  measure  other  than  the  standard  half-bushel  furnished 
this  state  by  the  United  States  ;  and  the  use  of  any  fractional  part  of  said 
standard  half-bushel  measures  for  such  purpose  will  be  a  violation  of 
this  section. 

(4439-2)  Sec  2.  [Penalty;  disposition  of  fines.]  Any  person, 
commission-merchant,  miller,  dealer,  grain-inspector,  corporation,  com- 
pany, firm  or  association,  or  any  person  acting  a^  officer,  agent  or  employe. 


76  LAWS    RELATING   TO   AGRICULTURE. 

found  guilty  of  a  violation  of  section  I  of  this  act,  (4439-1)  shall  be 
fined  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars 
or  imprisoned  in  the  county  jail  not  more  than  thirty  days,  or  both,  at 
the  discretion  of  the  court.  Fines  collected  for  violation  of  this  act  shall 
be  paid  into  the  county  treasury  to  the  credit  of  the  county  fund. 

(4439-3)  Sec.  3.  [Duty  of  prosecuting  attorney ;  fee.]  It  shall 
be  the  duty  of  the  prosecuting  attorneys  to  see  that  this  act  is  enforced  in 
their  respective  counties ;  and  for  each  conviction  of  violation  thereof  they 
shall  be  entitled  to  a  fee  of  twenty  dollars,  to  be  paid  out  of  the  county 
funds  upon  the  allowance  of  the  commissioners  of  the  county. 

Sec.  4440.  [Sub-divisions  of  half  bushel.]  The  peck,  half-peck, 
quarter-peck,  quart,  and  pint  measure  for  measuring  commodities  which 
are  not  liquids,  shall  be  derived  from  the  half  bushel  by  dividing  that 
and  each  successive  measure  by  two. 

Sec.  4441.  [Heaped  measure.]  Articles  usually  sold  by  heaped 
measure  shall  be  heaped  up  in  a  conical  form  as  high  as  the  articles  to  be 
measured  will  admit. 

Sec.  4442.  [How  dry  commodities  measured.]  Measures  for 
measuring  dry  commodities  not  usually  heaped  shall  be  struck  with 
a  straight  stick,  with  the  edges  rounded ;  and  all  commodities,  not 
liquids,  when  sold  by  the  gallon  or  less,  shall  be  sold  by  dry  measure. 

(4442-1)  Sec.  1.  [Legal  measures  for  small  fruits;  penalty.] 
The  measure  used  in  the  selling  of  or  vending  berries  and  all  other 
small  fruits  shall  be  the  standard  dry  measure  bushel  and  fractions 
thereof,  and  any  person  vending  or  selling  such  fruits  and  using  a  meas- 
ure other  than  the  standard  dry  measure,  shall  be  fined  not  less  than 
ten  nor  more  than  fifty  dollars. 

Sec.  4443.  [Standard  weight  of  bushel.]  A  bushel  of  the  re- 
spective articles  hereinafter  mentioned  shall  mean  the  amount  of  weight, 
avoirdupois,  in  this  section  specified,  viz. : 

Of  wheat,  sixty  pounds ; 

Of  rye,  fifty-six  pounds  ; 

Of  oats,  thirty-two  pounds ; 

Of  clover  seed,  sixty  pounds ; 

Of  timothy  seed,  forty-five  pounds; 

Of  hemp  seed,  forty-four  pounds ; 

Of  millet  seed,  fifty  pounds ; 

Of  buckwheat,  fifty  pounds ; 

Of  beans,  sixty  pounds ; 

Of  peas,  sixty  pounds  ; 

Of  hominy,  sixty  pounds ; 

Of  Irish  potatoes,  sixty  pounds ; 

Of  sweet  potatoes,  fifty  pounds ; 

Of  onions,  fifty-five  pounds ; 

Of  dried  peaches,  thirty-three  pounds ; 

Of  dried  apples,  twenty-four  pounds ; 

Of  flax  seed,  fifty-six  pounds  ; 

Of  barley,  forty-eight  pounds ; 

Of  malt,  thirty-four  pounds  ; 

Of  Hungarian  grass  seed,  fifty  pounds ; 

Of  lime,  seventy  pounds; 

Of  coke,  forty  pounds ; 


LAWS    RELATING   TO   AGRICULTURE.  77" 

Of  bituminous  coal,  eighty  pounds ; 

Of  cannel  coal,  seventy  pounds ; 

Of  corn,  shelled,  fifty-six  pounds ; 

Of  corn  in  the  ear,  sixty-eight  pounds ; 

Of  pop-corn  in  the  ear,  forty-two  pounds; 

Of  tomatoes,  fifty-six  pounds ; 

Of  apples,  fifty  pounds  ;  .    .       - — . 

Of  peaches,  forty-eight  pounds ; 
Of  turnips,  sixty  pounds ; 
Of  carrots,  fifty  pounds ; 
Of  beets,  fifty-six  pounds. 

Sec  4444.  [Contents  of  bushel  for  measuring  stone  coal  and' 
lime.]  The  standard  bushel  of  stone  coal,  coke,  or  unslacked  lime, 
shall  contain  twenty-six  hundred  and  eighty-eight  cubic  inches ;  and  the 
lawful  measure  for  measuring  such  articles  shall  contain  two  bushels,, 
and  be  of  the  following  interior  dimensions :  twenty-four  inches  diame- 
ter at  the  top,  twenty  inches  at  the  bottom,  and  fourteen  and  one-tenth 
inches  deep. 

Sec.  4444ft.      [Standard  of  measurement  for  bushel  of  charcoal.] 

The  standard  of  measurement  for  a  bushel  of  charcoal  shall  be  twenty- 
seven  hundred  and  forty-eight  (2748)  cubic  inches. 

Sec  4445.  [When  coal  may  be  sold  by  weight  and  when  by 
measurement.]  Where  facilities  can  be  had,  all  sales  of  coal  shall  be  by 
weight ;  and  two  thousand  pounds  avoirdupois  shall  constitute  a  ton 
thereof;  but  where  coal  cannot  be  weighed  it  may  be  sold  by  measure- 
ment. 

Sec  4446.  [Liability  of  person  selling  coal  in  violation  of  pro- 
visions.] Whoever  sells  stone  coal  in  violation  of  the  provisions  of 
this  chapter  shall  be  liable  to  the  person,  to  whom  the  coal  is  sold  and 
delivered  in  treble  damages,  to  be  collected  in  a  civil  action  before  any 
court  of  competent  jurisdiction;  if  the  defendant  in  such  action  does 
not  reside  in  the  county  where  the  mine  is  located,  service  may  be  had 
upon  him  by  copy  of  the  summons  left  at  his  place  of  business ;  and  any 
judgment  recovered  in  such  case  shall  be  a  lien  upon  all  property  of 
the  defendant  in  the  county  from  the  day  of  service ;  but  this  section 
shall  not  apply  to  any  person  or  corporation  mining  or  selling  less  than 
fifteen  thousand  bushels  of  coal  annuallv. 


time. 

(4446-1)  Sec  1.  [Making  part  01  first  Tuesday  after  first  Mon- 
day in  November  a  legal  part  holiday.]  The  first  Tuesday;  after  the 
first  Monday  in  November  of  each  year,  from  and  between  the  hours 
of  twelve  o'clock  noon  and  two  o'clock  p.  m.,  shall  be,  for  election  pur- 
poses only,  a  legal  part  holiday.  And  no  employe  who  is  an  elector 
shall  be  compelled  or  required  to  perform  any  labor  between  said  honts, 
nor  shall  any  employer  or  his  or  its  officers  or  agents  discharge  any 
such  employe  because  he  fails  or  refuses  to  labor  between  said  hours 
or  require  or  order  any  such  employe  to  accompany  him  to  the  voting 
place  of  such  employe,  and  any  person  violating  any  of  the  provisions 
of  this  act  shall  upon  conviction  be  fined  not  more  than  twenty-five 
dollars. 


78 


LAWS    RELATING   TO   AGRICULTURE. 


(4446-2)  Sec.  1.  [Labor  Day.]  The  first  Monday  in  September 
of  each  and  every  year  shall  be  known  as  labor  day,  and  for  all  purposes 
whatever  considered  as  the  first  day  of  the  week. 

Acts  of  amusement  may  be  indulged  in  on  labor  day  though  prohibited  on 
Sunday,  for  the  title  of  this  act  calls  it  a  holiday;  but  a  judgment  rendered  on 
that  day  is  absolutely  void:  Joseph  Speidel  Grocery  Co.  v.  Armstrong,  8  C.  C, 
489;    1  O.  D.,  534. 

(4446-3)  Sec.  t.  [Central  standard  time.]  The  standard  of 
time  throughout  this  state  shall  be  that  of  the  ninetieth  meridian  of 
longitude  west  from  Greenwich,  by  which  all  courts,  banks  and  public 
offices,  and  all  legal  or  official  proceedings  shall  be  hereafter  regulated. 
Whenever,  by  the  laws  of  this  state,  or  by  any  law,  rule,  order  or  process 
of  any  authority,  created  by  or  pursuant  to  the  laws  of  this  state,  any 
act  is  required  to  be  performed,  at  or  within  any  prescribed  time,  such 
act  shall  be  performed  according  to  the  standard  of  time  of  the  ninetieth 
meridian  of  longitude  west  from  Greenwich,  known  as  central  standard 
time. 

(4446-4)  Sec  1.  [Timepiece  in  or  upon  public  building  to  keep 
central  standard  time.]  Wherever  there  is  a  clock  or  other-timepiece 
in  or  upon  a  public  building  within  this  state,  the  same  being  maintained 
at  the  public  expense,  it  shall  be  the  duty  of  the  board  of  county  commis- 
sioners, board  of  education,  or  other  persons  having  control  and  charge 
of  such  building,  to  have  said  clock  or  other  timepiece  set  and  run 
according  to  the  standard  of  time  established  by  the  act  passed  March 
22,  1893,  entitled  "An  act  to  establish  a  uniform  system  of  keeping  time 
throughout  the  state  of  Ohio." 

(4446-7)  Sec.  1.  [Ohio  agricultural  experiment  station.]  That 
the  board  of  control  of  the  Ohio  agricultural  experiment  station  immedi- 
ately on  the  taking  effect  of  this  act,  shall  appoint  a  competent  person, 
or  persons,  who  shall,  under  the  direction  of  the  board,  perform  the 
duties  hereinafter  provided. 

(4446-8)  Sec  2.  [Board  to  cause  to  be  exterminated  danger- 
ous insects  and  plant  diseases.]  It  shall  be  the  duty  of  the  board, 
either  in  person  or  through  their  assistants,  to  seek  out  and  cause  to  be 
exterminated  the  San  Jose  scale  and  other  dangerous  insects,  and  tree, 
shrub,  vine,  or  plant  diseases.  Black  knot  and  peach  yellows  are  hereby 
declared  to  be  dangerous  within  the  meaning  of  this  act,  and  trees,  shrubs. 
vines,  or  plants  affected  with  either  of  these  diseases,  shall  be  subject 
to  its  provisions.  The  mention  of  San  Jose  scale,  peach  yellows  and 
black  knot  in  this  section  shall  not  be  held  to  exclude  other  insects  or 
diseases  which  may  be  found  to  be  dangerous,  from  the  provisions  of 
this  act. 

[Annual  examination  of  nurseries.]  Said  board  in  person,  or 
through  their  assistants,  shall  examine  once  in  each  year,  not  later  than 
August  15,  all  nurseries  in  the  state  of  Ohio  as  to  whether  they  are 
infested  with  San  Jose  scale  or  other  dangerous  insects,  or  infected  with 
dangerously  contagions  tree,  vine,  shrub,  or  plant  disease ; 

[Certificate  and  fee  therefor.]  And  if  upon  inspection,  such  nur- 
series appear  to  be  free  from  such  insects  or  diseases,  the  board  shall, 
upon  the  receipt  of  $10.00.  give  each  owner  of  such  nursery  or  nurseries, 
a  certificate  to  the  facts,  provided  that  it  shall  require  but  one  day  or  part 
of  one  day  to  make  such  inspection,  and  for  each  additional  day  or  frac- 


LAWS    RELATING    TO    AGRICULTURE. 


79 


tion  thereof  required  to  complete  the  inspection,  $5.00  shall  be  charged 
therefor,  and  collected  before  the  certificate  is  granted.  In  addition  to 
the  above  fee  nurserymen  must  furnish  transportation  to  and  from  rail- 
way station,  and  facilities  for  reaching  their  growing  stock,  to  such 
person  or  assistants  selected  by  the  board  to  make  said  inspection. 

[Life  of  certificate;  filing  thereof.]  This  certificate  shall  be  void 
after  August  15,  of  the  year  following.  A  duplicate  of  each  certificate, 
together,  with  a  statement  of  amount  received  therefor,  shall  be  filed  by 
said  person  or  assistants  with  the  secretary  of  the  board,  within  ten  days 
of  its  issue,  and  neglect  to  file  such  duplicate  of  certificate  and  statement 
shall  be  treated  as  a  misdemeanor. 

[Treatment  of  affected  nursery  stock.]  If  any  dangerously  inju- 
rious insects  or  infectious  diseases  are  found  on  the  premises  of  any 
nursery,  or  nursery  stock,  the  board  may  order  and  enforce  such  treat- 
ment of  said  nursery  stock,  as  they  may  deem  sufficient  in  addition  to 
a  thorough  inspection  before  granting  a  certificate,  and  the  same  per 
diem,  shall  be  charged  for  over-seeing  treatment  as  for  nursery  inspec- 
tion. 

[Duty  of  person  shipping  nursery  stock.]  Whenever  a  nursery- 
man or  any  other  person  shall  ship  or  deliver  within  this  state,  except 
for  scientific  purposes,  trees,  shrubs,  plants  or  other  nursery  stock,  he 
shall  place  upon  each  car  load,  box,  bale  or  package  a  copy  of  a  certi- 
ficate, the  original  of  which  is  signed  by  a  state  or  government  inspector, 
staring  that  stock  ha*  been  inspected  and  lias  been  found  apparently- 
free  from  dangerous  insects  and  dangerously  contagious  tree,  shrub, 
vine  and  plant  diseases. 

[Illegal  use  of  certificate.]  The  illegal  use  of  said  certificate  by 
changing,  defacing  or  placing  it  on  uninspected  stock,  or  using  the  same 
after  date  of  expiration  or  revocation,  shall  render  the  owner  or  shipper 
liable  to  the  penalty  prescribed  for  a  violation  of  this  act.  No  person 
growing  for  sale  any  trees,  shiubs,  vines,  or  plants,  shall  deliver  the  same 
without  applying  to  the  board  for  the  certificate  provided  for  in  this 
act.  Provided,  however,  that  existing  certificates,  issued  by  the  ento- 
mologist of  the  Ohio  agricultural  experiment  station,  shall  be  held  to  be 
valid  until  June  1,  1900. 

(4446-9)  Sec.  3.  [Examination  of  orchards,  gardens,  etc.]  It 
shall  further  be  the  duty  of  said  board  through  their  assistants  to  cause 
the  examination  of  all  orchards,  gardens,  and  other  premises,  either 
public  or  private,  which  they  shall  have  reason  to  suppose  *to  be  infested 
or  infected  with  any  dangerously  injurious  insects  or  infectious  diseases, 
liable  to  spread  or  to  be  conveyed  to  other  premises,  and  for  this  pur- 
pose, said  board  and  their  assistants  are  authorized,  during  reasonable 
business  hours,  to  enter  into  or  upon  any  farm,  orchard,  nursery,  garden, 
storehouse  or  other  building  or  place  used  for  growing,  storing,  pack- 
ing or  sale  of  nursery  and  other  horticultural  products. 

[Treatment  of  infected  property.]  If  said  board  or  their  assist- 
ants shall  find  on  inspection  as  aforesaid  that  any  nursery,  orchard, 
garden,  or  other  property  or  place  is  infested  or  infected  with  such  dan- 
gerously injurious  [insects]  or  infectious  diseases  liable  to  spread  or  to 
he  conveyed  to  other  premises,  to  the  serious  injury  of  the  property 
thereon,  the  same  shall  be  declared  a  public  nuisance,  and  thev  shall 
notify,  in   writing,  the  owner  or  persons  in  charge  of  such  infested   or 


80  LAWS    RELATING   TO    AGRICULTURE. 

infected  property,  and  shall  direct  him,  within  a  time  and  in  a  manner 
prescribed  in  such  notice,  to  use  such  measures  as  shall  prevent  the  con- 
veyance or  spread  of  such  insects  or  diseases  to  the  property  of  others  and 
such  infested  or  infected  property  must  not  be  removed  from  the  prem- 
ises after  the  owner  or  person  in  charge  of  the  same  shall  have  been  no- 
tified as  aforesaid,  without  the  written  permission  of  said  board  or  their 
assistants. 

[Duty  of   board  upon  failure  of  owner  to   disinfect  premises.] 

If  the  person  so  notified  shall  refuse  or  neglect  to  treat  and  disinfect  said 
premises  or  property  in  the  manner  and  within  the  time  prescribed,  it 
shall  be  the  duty  of  the  board  to  cause  such  premises  or  property  to  be 
so  treated,  and  they  shall  certify  to  the  owner  or  person  in  charge  of  such 
premises  one-half  of  the  cost  of  the  treatment.  If  said  sum  is  not  paid 
to  them  within  sixty  days  thereafter,  the  same  may  be  recovered,  together 
with  the  cost  of  action,  before  any  court  in  the  state  having  competent 
jurisdiction. 

[Destruction  of  infected  trees,  etc.]  Any  tree,  plant,  shrub,  etc., 
which  may  in  the  judgment  of  the  board  or  their  assistants,  be  so  badly 
infested,  or  infected,  as  to  render  expense  of  treatment  unjustifiable, 
shall  be  declared  a  public  nuisance  and  may  be  destroyed  by  them  or 
their  assistants  without  liability  for  compensation  to  the  owner  thereof. 

[Appeal.]  Right  of  appeal  from  the  decision  or  requirements  of 
the  assistants  may  be  made  to  the  said  board,  within  three  days  after 
notice  of  such  decision  or  requirements  has  been  served,  and  the  decision 
of  the  board  shall  be  final 

(4446-10)  Sec.  4.  [As  to  plants  shipped  into  this  state.]  Every 
package  of  trees,  shrubs,  vines  or  plants  shipped  into  this,  state,  from  any 
other  state,  territory,  country  or  province,  shall  be  plainly  labeled  on  the 
outside  with  the  names  of  the  consignor,  and  consignee,  and  a  certificate 
showing  that  the  contents  have  been  inspected  by  a  state  or  government 
officer,  and  that  the  trees,  shrubs,  vines  or  plants  therein  contained  appear 
to  be  free  from  all  dangerous  insects  and  dangerously  infectious  diseases. 
If  any  trees,  shrubs,  vines,  or  plants  are  shipped  into  this  state  without 
such  certificate  plainly  fixed  on  the  outside  of  the  package,  box  or  car 
containing  the  same,  the  facts  must  be  reported  within  twenty-four 
hours  to  the  said  board  by  the  railroad,  express  or  steamboat  company, 
or  by  other  person  or  persons  carrying  the  same,  and  it  shall  be  unlawful 
to  deliver  any  such  property  until  it  has  been  examined  by  the  board  or 
their  assistants  and  by  them  certified  to  be  apparently  free  from  danger- 
mis  insects  or  dangerously  contagions  diseases.  Any  agent  or  any  com- 
mon carrier,  or  persons  carrying  such  property  as  aforesaid,  who  shall 
fail  to  give  such  notice  as  hereby  required,  shall  be  deemed  guilty  of  a 
violation  of  this  act.  When  nursery  stock  is  shipped  into  this  state 
accompanied  by  a  certificate  as  herein  provided,  it  shall  be  held  prima 
facie  evidence  cf  the  facts  therein  stated.  But  the  board  by  themselves 
or  their  assistants,  when  they  have  reason  to  believe  that  any  such  stock 
is  infested  or  infected  as  heretofore  described  shall  be  authorized  to  in- 
spect the  san.?.  In  case  such  stock  is  found  to  be  infested  or  infected 
t ;  any  of  the  aforesa:  1  insects  or  pb.nt  diseases,  such  sock  shall  be  held 
subject  to  order  of  shipper  not  to  exceed  ten  days  before  being  declared 
a  pubtfc  nuisance  and  destroyed.  All  expenses  incurred  by  the  ;)oard 
or  their  assista.-  ts,  in  carrying  ou';  the  provisions  of  this  act  shall  be  paid 
OUt  «Af  the  ftinds  rppropn'ated  by  this  act. 


LAWS    RELATING   TO   AGRICULTURE.  81 

(4446-11)  Sec.  5.  [Penalty  for  violation  of  this  act.]  Any 
person  violating  or  neglecting  to  carry  out  the  provisions  of  this  act,, 
or  offering  any  hindrance  to  the  carrying  out  of  this  act  shall  be  ad- 
judged guilty  of  a  misdemeanor,  and  upon  conviction  before  any.  justice 
of  the  peace,  shall  be  fined  not  less  than  ten  dollars  and  not  more  than 
one  hundred  dollars  for  each  and  every  offense,  together  with  jdljthe 
costs  of  prosecution,  and  shall  stand  committed  until  the  same  is  paid- 
It  shall  be  the  duty  of  the  county  prosecuting  attorney  to  prosecute  all 
violations  of  this  act  and  all  amounts  so  recovered  shall  be  paid  over  to 
the  state  treasury. 

(4446-12)     Sec.  6.      [Annual  report  of  board  to  governor.]     The 

board  shall  make  an  annual  report  to  the  governor  of  the  state,  a  copy 
of  which  shall  be  sent  to  the  Ohio  state  horticultural  society  at  its  annual 
meetings,  showing  the  number  of  nurseries  inspected,  the  number  of  cer- 
tificates issued,  the  number  of  trees  treated  or  disinfected  by  them  or 
their  assistants,  the  kinds  and  amount  of  property  destroyed  by  them  in 
pursuance  of  this  act  and  such  other  facts  concerning  the  operation  of 
their  office,  under  this  act,  as  the  said  board  may  deem  necessary. 

(4446-13)     Sec.  7.      [Act  does  not  apply  to  greenhouses.]     The 

provisions  of  this  act  shall  not  apply  to  florist's  greenhouse  plants,  bulbs, 
flowers  and  cuttings,  commonly  known  as  greenhouse  stock. 

(4446-14)  Sec.  8.  [Disposition  of  moneys  received.]  The  said 
assistants  shall  pay  over  to  said  board  of  control,  all  funds  coming  into 
their  hands  under  the  provisions  of  section  2,  of  this  act,  with  an  item- 
ized statement  of  the  sources  whence  received,  which  moneys  shall  be 
used  by  said  board  to  aid  in  carrying  into  effect  the  provisions  of  this 
act,  and  the  amount  so  received  shall  be  stated  in  the  annual  report  of 
said  board. 

[Expenses  of  assistants.]  The  said  assistants  shall  also  make  to 
said  board  an  itemized  statement  of  their  expenses  and  the  amounts  paid 
for  assistants  employed  in  prosecuting  the  work  under  this  act,  which, 
when  certified  by  said  board,  shall  be  paid  out  of  the  state  treasury  upon 
the  warrant  of  the  auditor  of  state. 

(4446-15)  Sec.  9.  [Appropriation  for  use  of  board.]  There  is 
hereby  appropriated  to  the  said  board  of  control  for  the  purpose  of  carry- 
ing out  the  provision  of  this  act  the  sum  of  fifteen  thousand  ($15,000) 
dollars  for  the  years  of  1900  and  1901,  or  so  much  thereof  as  may  be 
necessary.  The  auditor  of  state  is  hereby  authorized  to  draw  his  war- 
rants upon  the  state  treasurer  against  the  sum  herein  appropriated  upon 
the  presentation  of  proper  vouchers  and  the  state  treasurer  shall  pay  the 
same  out  of  any  funds  in  the  public  treasury,  not  otherwise  appropriated. 


FERTILIZERS. 


Sec.  4446a.  [How  package  containing  commercial  fertilizer  to  I 
be  marked.]  Any  person  or  company  who  shall  offer,  sell  or  expose  f 
for  sale  in  this  state,  any  commercial  fertilizer,  shall  affix  to  every  pack- 
age, in  a  conspicuous  place  on  the  outside  thereof,  a  plainly  printed  cer- 
tificate stating  the  number  of  net  pounds  in  the  package  sold  or  offered 
for  sale,  the  name  or  trade  mark  under  which  the  article  is  sold  the 
name  of  the  manufacturer  and  the  place  of  manufacture,  and  ?.  chc-.::al 

6      F.   H.   B. 


m 


LAWS    RELATING   TO    AGRICULTURE. 


•analysis  stating  the  percentage  of  nitrogen,  or  its  equivalent  in  ammonia, 
in  an  available  form,  of  potasfi  soluble  in  water,  and  of  phosphoric  acid, 
in  an  available  form  (soluble  or  reverted)  as  well  as  the  total  phos- 
phoric acid. 

As  to  penalty,  see  §  4446/.  Criminal  penalty  for  violating  these  sections, 
see  §  7002. 

Sec  44466.  [Person  offering  same  for  sale  to  deposit  sample  with 
Secretary  State  Board  of  Agriculture.]  Before  any  commercial  fer- 
tilizer is  sold  or  offered  for  sale,  the  manufacturer,  importer,  or  party 
who  causes  it  to  be  sold  or  offered  for  sale  within  the  state  of  Ohio,  shall 
file  with  the  secretary  of  the  Ohio  state  board  of  agriculture,  a  certified 
■copy  of  the  certificate  referred  to  in  section  one  [4446a]  of  this  act,  and 
shall  deposit  with  said  secretary,  a  sealed  glass  jar,  containing  not  less 
than  one  pound  of  the  fertilizer,  accompanied  with  an  affidavit  that  it 
is  a  fair  average  sample. 

As  to  penalty,  see  §  4446/".  Criminal  penalty  for  violating  these  sections, 
see  §  7002. 

Sec    4446c.     [Manufacturer,  importer,  or  agent  to  pay  license.] 

The  manufacturer,  importer  or  agent  of  any  commercial  fertilizer,  shall 
pay,  annually,  on  or  before  the  first  day  of  May,  a  license  fee  of  twenty 
dollars  on  each  brand,  for  the  privilege  of  selling  or  offering  for  sale 
within  the  state,  said  fee  to  be  paid  to  the  secretary  of  the  Ohio  state 
"board  of  agriculture;  provided,  that  whenever  the  manufacturer  or 
importer  shall  have  paid  the  license  fee  herein  required,  for  any  person 
acting  a-  agent  for  such  manufacturer  or  importer,  such  agent  shall 
not  be  required  to  pay  the  fee  named  in  this  section. 

As  to  penalty,  see  §  4446/.  Criminal  penalty  for  violating  these  sections, 
see  §  7002. 

Sec.  4446 d.  [Analysis  to  be  made  by  Secretary  State  Board  of 
Agriculture.]  All  analyses  of  commercial  fertilizers  sold  within  the 
state  shall  be  made  by  or  under  the  direction  of  the  secretary  of  the  Ohio 
state  board  of  agriculture,  and  paid  for  out  of  the  funds  arising  from 
license  fees,  as  provided  for  in  section  three  [4446c]  At  least  one 
analysis  of  each  fertilizer  sold  shall  be  annually  made. 

Sec.  4446c.  [Secretary  to  publish,  annually,  report  of  analyses 
■made  and  fees  received.]  Said  secretary  shall  publish  annually,  a 
correct  report  of  all  analyses  made  and  certificates  filed,  together  with 
a  statement  of  moneys  received  on  account  of  license  fees  and 'expended 
for  analyses,  and  any  surplus  arising  from  license  permits  shall  be  placed 
to  the  credit  of  the  agricultural  fund. 

Sec.  4446^.  [Persons  selling  without  complying  with  foregoing 
provisions,  how  punished.]  Any  person  or  party  who  shall  offer  or 
-expose  for  sale,  or  sell,  any  commercial  fertilizer  without  complying  with 
the  provisions  of  sections  4446a,  4446/?  and  4446c  of  the  Revised  Stat- 
utes, or  shall  permit  an  analysis  to  be  attached  to  any  package  of  such 
fertilizer,  stating  that  it  contains  a  larger  percentage  of  any  one  or  more 
of  the  constituents  named  ir_  said  section  4446a  than  it  really  does  con- 
tain, shall  be  subject  to  a  penalty  of  not  less  than  two  hundred  dollars  for 
the  first  offense,  and  not  less  than  five  hundred  dollars  for  every  subse- 
quent offense,  to  be  recovered  in  a  civil  action,  and  the  offender,  in  all 
cases,  shall  also  be  liable  for  damages  sustained  by  the  purchasers  of 
such  fertilizers ;   provided,  however,  that  a  deficiency  of  one  per  cent,  of 


LAWS   RELATING   TO   AGRICULTURE.  Od 

the  nitrogen,  potash  or  phosphoric  acid  claimed  to  be  contained,  shall 
not  be  considered  as  evidence  of  fraudulent  intent. 
Criminal  penalty  also  provided,   see  §  7002. 

Sec.  4446^.     [Where  suits  to  recover  penalties  may  be  brought.] 

Suit  may  be  brought  for  the  recovery  of  penalties  under  the  provisions 
of  this  act  in  the  court  of  common  pleas  of  the  county  where  the -fer- 
tilizer was  offered  for  sale,  or  sold,  or  where  it  was  manufactured;  and 
all  penalties  so  recovered,  shall  be  paid  into  the  state  treasury  to  the 
credit  of  the  general  revenue  fund. 

Criminal  penalty  also  provided,   see  §  7002. 

Sec.  4446/2.  [Secretary  of  State  Board  of  Agriculture  may  select 
samples  to  be  analyzed.]  The  Secretary  of  the  Ohio  State  board  of 
agriculture,  or  any  person  by  him  deputized,  is  hereby  empowered  to 
select  from  any  package  of  commercial  fertilizer  exposed  for  sale  in  any 
county  in  Ohio,  a  quantity  not  exceeding  two  pounds,  which  quantity 
shall  be  for  analysis  to  compare  with  sample  deposited  with  said  secre- 
tary, as  provided  for  in  section  two  [4446b]  of  this  act  and  with  the 
printed  certificate  found  on  the  given  package  found  on  sale. 

Sec.  4446/.  [All  suits  under  this  act  to  be  brought  by  Secretary 
State  Board  of  Agriculture.]  All  suits  for  the  recovery  of  fines  under 
the  provisions  of  this  act,  shall  be  brought  by  the  secretary  of  the  Ohio 
state  board  of  agriculture,  in  the  name  of  the  state  of  Ohio. 


COUNTY    DITCHES. 


Sec.  4447.  [Ditches  and  water  courses;  county  commissioners 
may  construct,  improve,  etc.,  when.]  The  commissioners  of  any 
county  at  any  regular  or  called  session  may,  in  the  manner  provided  in 
this  chapter,  when  the  same  is  necessary  to  drain  any  lots,  lands,  public 
or  corporate  road  or  railroad,  and  will  be  conducive  to  public  health,  con- 
venience or  welfare,  cause  to  be  located,  and  constructed,  straightened, 
widened,  altered,  deepened,  boxed  or  tiled,  any  ditch,  drain  or  water- 
course, or  box  or  tile  any  portion  thereof  or  cause  the  channel  of  all  or 
any  part  of  any  river,  creek  or  run,  within  such  county  to  be  improved 
by  straightening,  widening,  deepening  or  changing  the  same,  or  by  re- 
moving from  adjacent  lands  any  timber,  brush,  trees  or  other  substance 
liable  to  form  obstruction  therein. 

Sec.  4448.  [Meaning  of  words  "ditch"  and  "according  to  bene- 
fits" as  used  herein.]  The  word  "ditch"  as  used  in  this  chapter  shall 
be  held  to  include  a  drain  or  watercourse.  The  petition  for  any  such  im- 
provement shall  be  held  to  include  any  side,  lateral,  spur  or  branch  ditch, 
drain  or  watercourse  necessary  to  secure  the  object  of  the  improve- 
ment, whether  the  same  is  mentioned  therein  or  not ;  but  no  improve- 
ment shall  be  located  unless  a  sufficient  outlet  is  provided.  The  words 
"according  to  the  benefits"  used  in  this  chapter  in  directing  boards  of 
county  commissioners  to  assess  lands  for  ditches  and  in  directing  engi- 
neers to  report  assessments  for  the  same  shall  not  be  held  to  authorize 
any  assessments  for  benefits  conferred  upon  lands  by  nature  nor  the 
right  of  easement  of  the  owners  of  superincumbent  lands  to  pass  the 
water  therefrom  through  natural  watercourses. 


84  LAWS    RELATING    TO    AGRICULTURE. 

[Commissioners  may  change  terminus.]  And  the  commissioners 
may  change  either  terminus  of  said  ditch  before  its  final  location  if  the 
object  of  the  improvement  will  be  better  accomplished  thereby. 

Sec.  4449.  [When  the  ditch  benefits  a  road.]  When  the  im- 
provement will  drain  the  whole  or  a  part  of  any  public  or  corporate 
road,  or  a  railroad,  or  will  so  benefit  any  such  road  that  the  traveled  track 
or  road-bed  thereof  will  be  improved  by  its  construction,  there  shall  be. 
apportioned  to  the  county,  if  the  road  is  a  state,  county,  or  free  turn- 
pike road,  or  to  the  township,  if  a  township  road,  or  to  tke  corporation; 
if  a  corporate  road  or  railroad,  a  proper  share  of  the  costs  and  ex- 
penses thereof,  as  hereinafter  provided. 

Sec.  4450.  [Application  for  county  ditch;  bond.]  Application 
for  any  such  improvement  shall  be  made  to  the  commissioners  of  the 
county,  signed  by  one  or  more  owners  of  lots  or  lands  which  will  be 
drained  or  benefited  thereby,  or  shall  be  made  by  the  street  commissioner 
or  supervisor  of  the  road  district  in  which  the  same  is  required  to  be 
done ;  and  the  trustees  of  any  original  surveyed  township  owning  land 
granted  by  congress  for  the  support  of  common  schools,  or  the  infirmary 
directors  of  any  county,  may  make  such  application  and  file  the  petition 
and  bond  provided  for  in  this  chapter. 

(4450-1)  [Montgomery  county  commissioners  authorized  to 
protect  the  public  against  dangerous  waters.]  The  commissioners  of 
any  county  containing  a  city  of  the  second  grade,  of  the  second  clas-s,  are 
hereby  authorized :  in  any  case  where  the  action  of  water  results  in  in- 
jury to  the  general  public,  [or,]  in  any  vicinity  or  community,  threatens 
the  safety  of  any  public  road  or  bridge,  or  the  security  or  convenience 
of  public  travel,  the  county  commissioners  may.  of  their  own  motion, 
without  the  filing  of  a  petition  as  required  by  section  four  thousand  four 
hundred  and  fifty,  inaugurate  proceedings  for  the  establishment  of,  or 
the  straightening,  or  improving  of  a  county  ditch,  and  establish,  improve, 
or  straighten  the  same,  in  accordance  with  the  provisions  of  title  six, 
chapter  one,  of  the  Revised  Statutes  of  Ohio,  or  take  such  other  action 
to  control  the  flowage  and  discharge  of  such  water  as  may  be  necessary 
to  prevent  such  public  injury. 

Sec.  4451.  [Petition,  what  to  contain,  and  bond.]  The  petition 
shall  be  filed  with  the  county  auditor  and  shall  set  forth  the  necessity 
and  benefits  of  the  improvement  and  describe  the  beginning,  route  and 
termini  thereof.  It  shall  also  contain  the  names  of  all  persons  and 
corporations  either  public  or  private,  who  in  the  opinion  of  the  peti- 
tioner or  petitioners  are  in  any  way  affected  or  benefited  thereby,  and 
[there]  shall  be  filed  therewith  a  bond,  subject  to  the  approval  of  said 
auditor,  payable  to  the  state  of  Ohio,  with  at  least  two  sufficient  sureties, 
in  not  less  than  two  hundred  dollars,  conditioned  for  the  payment  of  all 
costs  if  the  prayer  of  the  petition  be  not  granted  or  be  dismissed  for 
any  cause.  Should  the  names  of  any  person  or  corporation,  either  pub- 
lic or  private,  who  are  in  any  way  affected  by  the  proposed  improve- 
ment, be  omitted  from  the  petition,  it  shall  be  the  duty  of  the  commis- 
sioners, when  they  discover  that  such  omission  has  been  made,  to  supplv 
such  names,  and  cause  notice  to  be  served  as  herein  provided. 

Sec-.  4451a.  [Notice  of  filing  of  petition ;  day  for  hearing ;  notice.] [ 
Said  auditor  shall  thereupon  give  notice  to  the  commissioners  of  the 
filing  of  said  petition,  together  with  a  copy  thereof*     He  shall  fix  a  day 


LAWS    RELATING    TO    AGRICULTURE.  85 

for  the  hearing  of  the  same — not  more  than  thirty  days  from  the  date 
of  said  notice.  He  shall  prepare  and  deliver  to  said  petitioners,  or  any 
one  of  them,  a  notice  in  writing,  directed  to  the  lot  or  landowners  and 
to  the  corporations  either  public  or  private  affected  by  said  improve- 
ment, setting  forth  the  substance,  pendency  and  prayer  of  such  petition, 
a  copy  of  which  notice  shall  be  served  upon  each*  lot  or  land  owner 
or  left  at  his  or  her  usual  place  of  residence,  and  upon  an  -officer  or 
agent  of  each  public  or  private  corporation  having  its  place  of  business 
in  the  county,  <  at  least  fifteen  days  before  the  day  set  for  hearing,  and 
the  person  who  serves  such  notice  shall  make  return  on  the  notice, 
under  oath,  of  the  time  and  manner  of  service  and  file  the  same  with 
said  auditor  on  or  before  that  day.  Said  auditor  shall,  at  the  same 
time,  give  a  like  notice  to  each  non-resident  lot  or  landowner  by  pub- 
lication in  a  newspaper,  printed  and  of  general  circulation  in  the  county, 
at  least  two  weeks  before  the  day  set  for  hearing,  which  notice  shall 
be  verified  by  affidavit  of  the  printer,  or  other  person  knowing  the  fact, 
and  filed  with  said  auditor  on  or  before  that  day,  and  no  further  notice 
of  said  petition  or  the  proceedings  had  under  the  same  shall  thereafter 
be  required. 

Sec.  4452,  I  Hearings  by  commissioners.]  Said  commissioners 
shall  meet  at  the  place  of  beginning  of  said  ditch  as  described  in  the 
petition  on  the  day  so  fixed,  as  aforesaid,  and  hear  any  and  all  proof 
offered  by  any  of  the  parties  affected  by  said  improvement,  and  other 
persons  competent  to  testify;  and  shall  go  over  and  along  the  line  of 
said  improvement,  and  by  actual  view  of  the  said  ditch  and  the  premises 
along  and  adjacent  thereto  and  to  be  drained  or  benefited  thereby,  deter- 
mine the  necessity  thereof,  and  may  adjourn  from  time  to  time  and  to 
such  place  as  the  necessity  of  the  work  may  require ;  and  in  case  said 
commissioners  find  for  said  improvement,  they  shall  fix  a  day  for  the 
hearing  of  application  for  any  appropriations  of  land  taken  for  said 
improvement  and  damages  said  parties  affected  by  said  improvement  or 
any  of  them  may  sustain  thereby,  and  for  the  approval  of  the  report  of 
the  county  surveyor  as  hereinafter  provided  for. 

Sec.  4453.  [When  the  commissioners  find  against  the  improve- 
ment.] If  the  commissioners  find  against  the  improvement,  they  shall 
•dismiss  the  petition  and  proceedings  at  the  cost  of  the  petitioners,  and 
they  shall  cause  an  itemized  bill  of  all  the  costs  to  be  made  up  by  the 
auditor  for  their  examination  and  approval,  which  shall  include  the 
per  diem  of  the  county  surveyor,  together  with  all  costs  necessarily 
made,  except  fees  of  the  auditor  and  compensation  of  the  commissioners. 

Sec  4454»  [Finding  for  the  improvement;  survey  and  plat.]  If 
the  commissioners  find  for  the  improvement,  they  shall  cause  to  be  en- 
tered on  their  journal  an  order  directing  the  county  surveyor  to  go 
upon  the  line  described  in  the  petition,  or  as  changed  by  them  in  accord- 
ance with  section  forty-four  hundred  and  eighty-nine,  and  survey  and 
level  the  same,  and  set  a  stake  at  every  hundred  feet,  numbering  down 
stream,  note  the  intersections  of  lines  and  boundaries  of  lands,  town- 
ships and  county  lines,  landmarks,  bench-marks  and  road-crossings,  ftfkl 
make  a  report,  profile  and  plat  of  the  same,  and  estimate  the  number 
of  cubic  yards  of  earth  or  other  substance  to  be  removed,  and  the  cost 
per  cubic  yard  for  each  working  section  as  hereinafter  provided,  and  of 
each  section  of  one  hundred  feet. 


86  LAWS   RELATING  TO   AGRICULTURE. 

Sec.  4455.  [Engineer  must  report  an  assessment,  etc.,  of  cost 
of  ditches.]  The  commissioners  shall,  also  by  their  order,  direct  the 
county  surveyor  or  engineer  to  make  and  return  a  schedule  of  all  the 
lots  and  lands,  and  public  or  corporate  roads  or  railroads  that  will  be 
benefited,  with  an  apportionment  of  the  cost  of  location,  and  the  labor 
of  constructing  the  improvement,  in  money,  according  to  the  benefits 
which  will  result  to  each,  and  in  apportioning  the  costs  of  such  im- 
provement the  benefits  to  any  lots  or  lands  by  diking  the  same  in  whole 
or  in  part  shall  be  considered  with  other  benefits,  and  a  specification  of 
the  manner  in  which  the  improvement  shall  be  made  and  completed,  the 
number  of  flood-gates,  waterways,  farm  crossings  and  bridges  neces- 
sary, including  kinds  and  dimensions  thereof,  and  all  county  and  town- 
ship lines  and  railway  crossings. 

Sec.  4456.  [What  the  plat  shall  show.]  The  plat  provided  for 
in  section  forty-four  hundred  and  fifty-four  shall  be  drawn  upon  a 
scale  sufficiently  large  to  represent  all  the  meandering^  of  the  proposed 
improvement,  and  shall  distinctly  show  the  boundary  line  of  each  lot 
or  tract  of  land,  and  of  each  road  or  railroad,  to  be  benefited  thereby,  the 
name  of  the  owner  of  each  lot  or  tract  of  land  as  the  same  appears  upon 
the  tax  duplicate  at  the  time,  the  authority  or  company  having  in  charge 
or  owning  or  controlling  each  public  or  corporate  road  or  railroad,  the 
distance  in  feet  through  each  tract  or  parcel  of  land,  together  with  such 
other  matters  as  the  county  surveyor  deems  material ;  the  profile  shall 
show  the  surface,  the  grade  line  and  the  gradient  fixed,  and  the  county 
survevor  shall  make  and  file  with  his  report  an  itemized  bill  of  all  costs 
made  in  the  proper  discharge  of  his  duties  under  this  and  the  preceding 
two  sections,  and  shall  file  his  report  with  the  county  auditor  within 
thirty  days  after  making  the  survey  and  level. 

Sec.  4459.  [Commissioners  may  change  apportionment^  If  the 
commissioners  find  that  the  apportionment,  reported  by  the  county  sur- 
veyor, is  unfair  and  unjust,  and  ought  not  to  be  confirmed,  they  shall  so 
amend  it  as  to  make  it  fair  and  just,  in  proportion  to  benefits,  and  if  neces- 
sary, in  their  opinion,  they  may  adjourn  the  further  hearing  not  exceed- 
ing twenty  days,  unless  for  good  cause,  further  time  is  necessary,  to  a 
day  to  be  fixed  by  them  and  go  upon  the  premises,  and  view  the  same  and 
apportion  the  entire  cost  of  location,  and  construction  or  any  part  thereof, 
as  may  seem  just  and  proper,  but  if  parties,  not  included  in  the  county 
surveyor's  apportionment,  or  [are]  found  to  be  benefited,  and  are  as- 
sessed by  the  commissioners,  such  parties  shall  be  notified  as  provided 
in  section  four  thousand  four  hundred  and  fifty-seven,  and  the  com- 
missioners shall,  on  the  clay  fixed  in  said  notice,  again  meet  at  the  aud- 
itor's office  and  determine  the  apportionment. 

Sec.  4459a.  [Apportionment  of  assessment  by  auditor  in  case  of 
subdivision,  etc.,  of  lands.]  If  at  any  time  after  the  determination  of 
the  apportionment  as  provided  for  by  section  four  thousand  tour  hundred 
fifty-nine,  any  lot  of  land  upon  which  such  assessment  is  made  be  sub- 
divided or  any  part  thereof  be  sold  and  transferred  upon  the  duplicates, 
it  shall  be  the  duty  of  the  auditor  at  the  time  he  makes  such  transfer  to 
apportion  the  amount  of  the  assessment  between  the  owners  of  such  lot 
or  lands  pro  rata,  according  to  the  numbe:  of  feet  or  acres  thereof,  that 
each  may  own,  and  certify  the  same  to  the  treasurer,  whose  duty  it  shall 
be  to  collect  such  -assessment  from  each  of  such  owners  as  so  certified. 


LAWS    RELATING   TO   AGRICULTURE.  87 

Sec.  44596.    [Re-apportionment  by  county  commissioners.]     If  at 

any  time  after  the  apportionment  by  the  auditor  as  provided  for  by  sec- 
tion four  thousand  four  hundred  and  fifty-nine  (a),  any  person  interested 
therein  may  apply  to  the  commissioners  for  a  reapportionment  thereof  at 
any  regular,  special  or  called  session  of  the  commissioners,  whose  duty 
it  shall  be  to  notify  all  parties  interested  of  the  time  and  place  at  which 
they  will  meet  and  determine  such  apportionment,  at  least  ten  days  Jhef ore 
such  meeting,  and  apportion  the  same  as  they  may  deem  just  and  proper ; 
the  provisions  of  this  act  shall  apply  to  lands  now  assessed  as  aforesaid,, 
and  transferred  upon  the  tax  duplicate. 

Sec.  4460.  [Application  for  compensation  and  damages,  or  for 
alteration  of  line.]  At  any  time  on  or  before  the  day  set  for  hearing, 
as  provided  in  section  four  thousand  four  hundred  and  fifty-two,  any  per- 
son or  corporation  whose  lands  are  taken  or  affected  in  any  way  by  such 
improvement  may  make  application  to  said  commissioners  in  writing  for 
compensation  or  damages,  and  they,  ^or  any  of  them,  may  make  an  ap- 
plication in  writing  for  a  change  or  alteration  of  the  line  of  the  ditc\ 
through  their  premises,  and  a  failure  to  make  such  application  shall  be 
deemed  and  held  to  be  a  waiver  of  all  rights  thereto. 

Sec.  4461.  [Commissioners  to  fix  compensation  and  damages "r 
how  computed.]  The  commissioners  shall  upon  actual  view  of  the 
premises  fix  and  allow  such  compensation  for  lands  appropriated  as  they 
may  deem  just  and  equitable,  and  assess  such  damages  as  will  in  their 
judgment  accrue  from  the  construction  of  the  improvement,  to  each  per- 
son or  corporation  making  application  therefor  as  provided  in  section 
four  thousand  four  hundred  and  sixty,  and  without  such  application,  to 
each  idiot,  insane  person,  or  minor  owning  lands  taken  or  affected  by 
the  improvement.  But  such  compensation  shall  be  computed  without 
deduction  for  benefits  to  any  property  of  such  person  or  corporation ; 
and  they  may  on  the  day  set  for  hearing,  at  the  time  of  the  view  of  the 
premises  provided  for  in  this  section,  take  into  consideration  the  appli- 
cation for  the  change  or  alterations  as  provided  for  in  section  four 
thousand  four  hundred  and  sixty,  and  if  they  find  that  such  change  or 
alteration  will  be  equally  beneficial,  they  may  order  the  county  surveyor 
to  go  upon  the  line  of  the  improvement  and  survey  said  change  or  altera- 
tion; 

[Expenses,  how  defrayed.]  And  all  expenses  attending  the 
making  said  alteration  and  change,  with  the  increased  cost  of  con- 
struction, if  any,  shall  be  charged  to  the  party  or  parties  benefited  there- 
by, which  shall  be  collected  and  paid  by  them  as  other  ^assessments. 

[When  compensation  paid  by  county  or  jointly.]  When  the  al- 
lowance for  compensation  and  damages  is  fixed  and  determined  as  pro- 
vided in  this  section,  the  commissicnr^s  shall  consider  and  determine 
according  to  their  best  knowledge  and  judgment  the  proportionate  bene- 
fits to  accrue  from  the  construction  of  the  proposed  improvement.  If 
they  shall  find  that  the  public  health,  convenience  or  welfare  will  be  pro- 
moted by  said  improvement,  and  that  the  same  is  of  sufficient  importance 
to  the  public  cause  the  damages  and  compensations  which  have  been  as- 
sessed to  be  paid  out  of  the  county  treasury,  they  shall  order  the  same 
to  be  so  paid,  or  they  may  order  a  portion  thereof  to  be  paid  by  the  county 
and  the  remainder  by  the  benefited  landowners,  as  they  may  deem  just 
and  equitable. 


88  LAWS    RELATING   TO    AGRICULTURE. 

[By  landowners.]  But  if  in  their  opinion  such  improvement  is 
not  of  sufficient  importance  to  the  public  to  cause  such  damages  and 
compensation,  or  any  part  thereof  to  be  paid  by  the  county,  they  shall 
fix  and  determine  the  proportionate  amount  thereof  which  should  be 
paid  by  the  several  landowners  benefited  l}y  the  improvement. 

[Auditor  to  issue  warrant;  assessment.]  And  in  either  case  the 
commissioners  shall  direct  the  auditor  to  issue  an  order  on  the  county 
treasurer  to  each  of  the  several  complainants  to  whom  compensation 
or  damages  was  allowed  for  the  amount  due,  and  to  enter  on  the  ditch 
duplicate  the  amounts  assessed  against  the  several  benefited  landowners 
for  the  payment  of  such  compensation  and  damages,  payable  in  the  same 
ratio  and  manner  as  other  assessments,  and  to  be  collected  as  other 
taxes. 

[How  apportioned.]  In  the  assessment  for  the  payment  of  com- 
pensation and  damages,  whether  the  whole  or  a  part  thereof  be  ordered 
paid  by  the  benefited  landowners,  the  commissioners  shall  apportion  the 
same  on  all  the  lots  and  lands,  and  public  or  corporate  roads  or  railroads 
that  will  be  benefited. 

[Aggrieved  person;  notice  of  appeal.]  Provided,  however,  that 
if  any  person  or  corporation  aggrieved  by  any  final  order  or  judgment 
of  the  commisioners  shall  at  the  final  hearing  before  them,  or  within 
such  time  as  may  be  provided  by  law,  file  a  written  notice  of  an  intention 
to  appeal  therefrom,  no  further  proceedings  shall  be  had  and  no  pay- 
ments shall  be  made  as  herein  provided  until  said  proceedings  on  appeal 
shall  be  finally  disposed  of  and  determined. 

Sec.  4462.  [Exceptions  before  commissioners  in  proceedings  to 
establish  a  county  ditch.]  A  person  or  corporation,  party  to  the  pro- 
ceeding, may  file  exceptions  to  the  finding  of  the  commissioners  that  the 
improvement  is  necessary  or  will  be  conducive  to  the  public  health,  con- 
venience or  welfare,  and  that  the  line  described  is  the  best  route,  or  to 
the  apportionment,  or  to  any  claim  for  compensation  or  damages,  at  any 
time  before  the  time  set  for  the  final  hearing  of  the  report  and  apportion- 
ment. The  commissioners  may  hear  testimony  and  examine  witnesses 
upon  all  the  questions  made  by  the  exceptions,  and  for  that  purpose  may 
compel  the  attendance  of  the  witnesses  by  subpoena,  which  the  auditor 
shall  issue  on  demand,  and  their  decision  on  the  exceptions  shall  be 
entered  on  the  journal,  and  if  they  sustain  the  exception,  the  cost  of  the 
hearing  thereon  shall  be  paid  out  of  the  county  treasury,  and  if  they 
overrule  the  same,  such  cost  shall  be  taxed  against  the  person  or  corp- 
oration filing  the 'exceptions. 

Sec.  4463.  [Who  may  appeal  to  the  probate  court,  and  how  ap- 
peal perfected.]  Any  person  or  corporation  aggrieved  thereby  may 
appeal  from  any  final  order,  or  judgment  of  the  commissioners  made  in 
the  proceeding  and  entered  upon  their  journal  determining  either  of  the 
following  matters,  viz : 

1.  Whether  said  ditch  will  be  conducive  to  the  public  health,  con- 
venience or  welfare. 

2.  Whether  the  route  thereof  is  practicable. 

3.  The  compensation  for  land  appropriated. 

4.  The  damage  claimed  to  property  affected  by  the  improvement. 


"LAWS    RELATING    TO    AGRICULTURE. 


89 


And  the  appellant  shall  file  with  the  commissioners,  at  the  final  hear- 
g  before  them,  a  notice,  in  writing,  of  an  intention  so  to  do,  and  sped- 
.•ing  therein  the  matter  appealed  from ;  the  commisioners  shall  fix  the 
amount  of  the  bond  to  be  given  by  the  appellant,  and  cause  an  entry 
ibereof,  and  of  the  notice,  to  be  made  upon  their  journal ;  the  party  ap- 
pealing shall,  within  ten  days  thereafter,  rile  with  the  auditor  a  bond,  in 
the  amount  so  fixed,  with  at  least  two  sufficient  sureties,  to  be  approved 
•by  the  auditor,  conditioned  to  pay  all  the  casts  made  on  the  appeal  in 
■case  the  appellant  fail  to  sustain  the  same,  or  the  appeal  be  dismissed 
:for  any  cause  ;  and  the  auditor  shall  make  a  complete  transcript  of  the 
proceedings  had  before  the  commissioners,  and  certify  the  same,  to- 
gether with  all  the  original  papers  filed  in  this  office,  and  transmit  them 
to  the  probate  judge  of  the  county  within  twenty  days  from  the  day  of 
•the  final  hearing. 

Sec.  4464.  [Hearing  of  preliminary  questions  in  probate  court.] 
The  probate  judge  shall  file  the  transcript  and  the  original  papers, 
•and  docket  the  case,  and  the  appellant  shall  be  plaintiff  therein,  and  the 
county  commissioners  and  petitioners  defendants,  and  the  case  shall  be 
-so  styled,  and  thereupon  he  shall  fix  a  day  not  exceeding  five  days  there- 
after for  the  hearing  of  all  preliminary  motions,  and  the  examination  of 
the  papers  so  filed ;  on  the  day  so  fixed,  all  preliminary  motions  shall  be 
beard  and  determined,  as  well  as  all  questions  arising  upon  the  record,  and 
if  he  find  that  the  proceedings  are  irregular  in  substance,  or  that  the  appeal 
has  not  been  perfected  according  to  law,  he  shall  dismiss  the  appeal  at 
the  cost  of  the  appellant,  and  certify  such  dismissal  with  his  findings 
thereon  back  to  the  commissioners  ;  but  the  judge  may,  in  his  discretion, 
order  and  allow  the  correction  of  any  technical  defect,  error  or  omission 
in  such  proceedings. 

Sec.  4465.  [When  jury  to  be  drawn,  and  venire.]  If  the  pro- 
bate judge  find  that  the  appeal  is  perfected,  he  shall  thereupon  fix  a  day, 
not  more  than  ten  days  from  that  date,  for  the  trial  of  the  case  as  ap- 
pealed by  jury  and  he  shall  immediately  notify  the  clerk  of  the  court  of 
•common  pleas  and  the  sheriff  of  the  county,  to  jpRflrtt  at  the  clerk's  office, 
and  the  clerk  and  the  sheriff  shall  proceed  at  once,  in  the  clerk's  office,  to 
draw  from  the  jury-box  the  names  of  sixteen  jurors  ;  and  the  clerk  shall 
make  a  list  of  the  names  so  drawn,  in  the  order  in  which  they  were  drawn, 
and  certify  the  same  to  the  probate  judge,  who  shall  issue  a  venire,  com- 
manding them  to  appear  on  the  day  set  for  trial,  at  the  hour  of  eight 
o'clock  A.  m.,  and  deliver  the  same  to  the  sheriff,  who  shall  serve  the 
same  within  five  days  thereafter  and  return  the  same  on  or  before  the 
•day  set  for  trial. 

Sec.  4.4.66.  [How  panel  to  be  filled.]  On  the  trial  the  probate 
judge  shall  take  the  list  of  jurymen  as  furnished  by  the  clerk,  and  call 
•each  name  in  the  order  in  which  it  appears  on  the  list,  until  twelve  answer, 
when  each  shall  be  required  to  answer  as  to  his  qualifications  as  a  juror ; 
if  any  juror  be  challenged  for  cause,  and  be  excused  by  the  court,  the 
next  on  the  list  shall  be  called,  until  the  panel  is  full,  when  the  plaintiffs 
shall  have  two  and  the  defendants  two  peremptory  challenges  ;  and  if  the 
panel  be  not  filled  by  the  jurymen  whose  names  appear  on  the  list,  the 
sheriff  shall  fill  the  panel  from  among  the  bystanders  who  have  the 
proper  qualifications. 


90 


LAWS   RELATING   TO   AGRICULTURE. 


Sec.  4467.  [How  jury  to  be  sworn.]  The  probate  judge  shall 
administer  to  the  jurors  an  oath,  faithfully,  impartially,  and  to  the  best  of 
their  ability,  and  from  actual  view  of  the  premises  along  the  whole 
route  of  the  improvement,  to  examine  and  determine  the  particular  mat- 
ters appealed  from,  and  to  render  a  true  verdict  according  to  the  facts 
appearing  to  them  from  actual  view  of  the  premises,  and  the  evidence, 
under  the  charge  of  the  court. 

Sec.  4468.  [View  by  and  trial  to  the  jury.]  The  sheriff,  or  his 
deputy,  together  with  the  surveyor  or  engineer  who  surveyed,  leveled, 
apportioned  and  platted  the  improvement,  may  accompany  the  jury,  and 
point  out  its  route ;  no  other  person  shall  be  permitted  to  interfere  in 
any  way  with  the  jurors  in  the  discharge  of  their  duty ;  and  after  the  jury 
has  fully  examined  the  premises,  and  returned  to  court,  either  party 
may  be  heard,  in  person  or  by  counsel,  and  may  offer  evidence  to  the 
jury,  under  the  direction  of  the  court,  upon  any  matter  given  it  specially 
in  charge. 

Sec.  4469.  [Form  of  the  verdict.]  The  jury  shall  find  and  return 
a  verdict  determining  the  matter  or  matters  appealed  from,  being  one  or 
more  of  the  following  propositions,  viz : 

1.  Whether  said  ditch  will  be  conducive  to  the  public  health,  con- 
venience, or  welfare. 

2.  Whether  the  route  thereof  is  practicable. 

3.  The  compensation  due  each  appellant  for  land  appropriated. 

4.  The  damages  due  each  appellant  for  property  affected  by  the 
improvement. 

The  jury  shall  return  their  verdict  in  writing,  signed  by  the  jurors ; 
as  to  said  first  and  second  propositions,  it  shall  be  necessary  for  only 
eight  jurors  to  agree ;  as  to  the  third  and  fourth,  all  must  agree,  and  the 
jury  may  be  polled  as  in  other  cases. 

Sec.  4470.  [Transcript  to  be  sent  to  county  commissioners.] 
The  probate  judge  shall  receive  the  verdict  of  the  jury,  and  make  a  record 
thereof,  together  with  all  the  proceedings  before  him,  and  shall  there- 
upon tax  the  costs  in  favor  of  the  prevailing  party,  and  against  the  losing 
party;  if  more  than  one  matter  is  appealed  from,  and  a  party  prevail 
as  to  the  one,  and  loses  as  to  another,  the  court  shall  determine  how 
much  of  the  costs  such  party  shall  pay,  but  the  costs  on  motions,  con- 
tinuances, and  the  like,  shall  be  taxed  and  paid  as  the  court  may  direct. 
If  there  are  several  parties,  upon  the  side  taxed  with  costs,  the  court  shall 
apportion  the  costs  equitably  between  them.  Said  judge  shall,  immedi- 
ately after  the  trial,  make  a  transcript  thereof,  certify  and  transmit  the 
same,  together  with  all  the  papers  in  the  case,  with  the  bill  of  costs  made 
in  the  probate  court,  to  the  auditor  of  the  county,  who  shall  thereupon 
notify  the  commissioners  to  meet  at  the  auditor's  office  within  five  days 
from  the  date  of  the  notice  to  determine  the  matters  growing  out  of  the 
appeal  and  verdict. 

Sec.  4472.  [Costs  when  jury  find  for  improvement.]  If  the 
jury  find  that  the  improvement  is  necessary,  and  the  same  will  be  con- 
ducive to  the  public  health,  convenience  or  welfare,  and  is  practicable, 
the  commissioners  shall  apportion  the  compensation  and  damages  as 
directed  in  section  (4461)  forty-four  hundred  and  sixty-one.  They  shall 
also  assess  and  apportion  the  costs  as  directed  by  the  probate  court,  and 
order  the  auditor  to  place  the  same  on  the  duplicate  to  be  collected  as 
other  taxes,  and  may  in  addition  thereto,  sue  upon  the  bond  given  for 


LAWS    RELATING   TO   AGRICULTURE.  91 

the  payment  of  costs,  and  execution  may  be  sued  out  of  the  probate 
court  for  the  collection  of  any  costs  taxed  against  any  party,  as  is  pro- 
vided in  section  forty-four  hundred  and  seventy.  Any  costs  taxed  against 
the  commissioners  shall  be  paid  out  of  the  general  county  ditch  fund. 

Sec.  4473.  [Costs  when  probate  court  confirms  assessment.]  If 
by  the  final  decision  in  the  probate  court,  any  claimant  of  compensation 
and  damages  do  not  obtain  a  greater  sum  than  was  allowed  and  awarrledr 
to  him  by  the  order  of  the  commissioners  from  which  he  appealed,  he 
shall  pay  all  the  costs  created  by  his  appeal  so  far  as  the  court  can  ascei- 
tain  the  same.  And  the  commissioners  shall  assess  and  apportion  the 
compensation  and  damages  found  by  the  jury,  as  directed  in  section 
(4461)  forty-four  hundred  and  sixty-one,  and  the  commissioners  shall 
assess  and  apportion  the  costs  as  directed  by  the  probate  court,  which 
shall  be  collected  and  paid  as  directed  and  provided  in  section  forty-four 
hundred  and  seventy-two. 

Sec.  4474.  [Several  appeals  may  be  tried  together.]  If  more 
than  one  party  appeal,  the  probate  judge  shall  order  the  cases  to  be 
consolidated  and  tried  together,  and  the  rights  of  each  party  as  to  com- 
pensation or  damages  shall  be  separately  determined  by  the  jury  in  its 
verdict. 

Sec.  4475.     [When  and  how  commissioners  to  sell  out  work.]     In 

cases  where  appeals  have  been  taken  after  the  transcript  of  the  pro- 
ceedings before  the  probate  judge,  and  all  other  papers  in  the  case  are 
returned  to  the  auditor's  office,  the  commissioners  shall  cause  such  entry 
to  be  made  on  their  journal  as  may  be  necessary  to  give  effect  to  the  ver- 
dict, and  findings  of  the  jury,  and  in  such  cases  and  in  cases  where  no. 
appeals  have  been  taken,  they  shall  fix  a  time  for  the  sale  of  the  construc- 
tion of  the  improvement  at  public  outcry  in  sections  not  less  than  one 
hundred  feet  nor  more  than  two  thousand  five  hundred  feet  in  length, 
and  shall  cause  notice  to  be  given  of  the  time  and  place  of  the  sale,  and 
direct  the  county  surveyor  to  attend  at  the  time  and  place  of  sale  to 
superintend  and  conduct  the  same,  and  shall  receive  all  bids  for  the  con- 
struction of  the  improvement,  and  make  contracts  with  the  lowest  respon- 
sible bidders,  and  take  good  and  sufficient  bonds  for  the  labor  of  the 
construction  of  the  improvement,  conditioned  for  the  faithful  performance 
of  the  contract  so  made,  and  for  the  completion  of  the  work  within  time 
fixed  in  the  contract  in  a  sum  not  less  than  double  the  estimated  value 
of  the  part  bid  off,  and  contracted  to  be  performed  by  each,  and  said 
county  surveyor  shall  furnish  each  contractor  with  specifications  of  the 
part  bid  off  by  him. 

Sec.  4475a.  [Sale  of  work  when  cost  is  estimated  at  $500  or 
more  per  mile.]  That  when  the  estimated  cost  of  construction  of  a 
ditch  or  ditch  improvement  shall  be  five  hundred  dollars  or  more  per 
mile,  and  a  petition  shall  be  filed  with  the  board  of  commissioners,  signed: 
by  persons  who  are  tax  payers  and  who  are  assessed  for  the  construction 
of  said  ditch  or  ditch  improvement,  representing  two-thirds  (f )  of  the 
amount  of  the  estimated  cost  of  the  construction  of  said  ditch  or  ditch 
improvement,  the  commissioners  may  advertise  and  sell  the  same  as  an 
entirety,  or  in  one  or  more  sections  of  not  less  than  five  hundred  feet, 
but  in  all  other  respects  they  shall  be  governed  by  the  provisions  of  said 
section  4475. 

(4475-1)  [Providing  for  inspection  of  drain  tile.]  The  county 
surveyor  shall  be  authorized  to  receive  bids  for  drain  tile  or  ditch  pipe,, 


92  LAWS    RELATING    TO    AGRICULTURE. 

generally,  at  the  same  time  and  place  as  the  balance  of  the  ditch  improve- 
ment. Said  county  surveyor  shall,  on  or  before  thirty  days  after  delivery, 
count  and  inspect  such  tile  or  pipe,  and  for  such  that  are  first  class,  mer- 
chantable, good  tile  or  pipes,  and  in  every  particular  complying  with  the 
contract  and  specification,  he  shall  issue  his  certificate  showing  the  accept- 
ance of  the  same.  The  auditor  shall,  upon  presentation  of  such  certi- 
ficate to  him,  draw  his  warrant  on  the  -treasurer  of  the  county  for  the 
full  amount,  and  the  county  treasurer  shall  pay  the  same  out  of  any  fund 
in  the  treasury  applicable  to  such  purpose. 

Sec.  4476.  [The  sale,  bonds  of  bidders,  etc. ;  contract  and  bonds 
filed  with  auditor  ;  liability,  etc.  ]  Xo  bid  shall  be  entertained  which 
exceeds  the  estimated  cost  of  construction;  the  county  surveyor  shall  sell, 
first,  the  job  or  labor  of  construction  of  the  working  section  of  the  outlet 
or  mouth  of  the  improvement,  and  fix  a  day  when  the  job  shall  be  com- 
pleted, not  exceeding  in  any  case,  one  hundred  and  fifty  days  from  the  day 
1  of  sale,  and  shall  then  sell  each  remaining  working  section  in  its  order, 
up  stream,  and  require  the  labor  on  each  to  be  completed  within  a  time 
so  fixed  that  will,  as  nearly  as  practicable  secure  an  outlet  for  the  water 
as  each  section  is  completed,  but  the  commissioners  may,  if  the  construc- 
tion of  such  work  will  be  facilitated  thereby,  authorize  the  sale  or  construc- 
tion of  such  work,  or  either,  to  be  made  and  performed  in  a  different 
order  and  time  from  that  hereinbefore  specified.  The  county  surveyor 
shall  make  contracts  and  take  bonds  as  aforesaid  and  report  his  doings 
to  the  commissioners  within  five  days  from  the  date  of  sale,  and  return  the 
contracts  and  bonds  to  the  auditor,  who  shall  file  and  carefully  preserve 
the  same ;  the  contracts  and  bonds  shall  be  examined  and  approved  or 
disapproved  by  the  commissioners,  who  shall  cause  an  entry  of  their  deci- 
sion to  be  made  on  their  journal,  and  the  contractors  to  be  notified  of 
the  approval  or  disapproval  of  the  contracts  and  bonds ;  and  the  con- 
tractor for  each  job  shall  be  liable,  on  his  bond  so  given,  for  all  delays 
after  the  expiration  of  the  time  named  therein  for  the  completion  of  the 
job,  and  for  the  payment  of  all  damages  which  accrue  by  reason  of  the 
failure  to  complete  the  job  within  the  time  required  in  the  contract  there- 
for, and  for  the  payment  of  all  labor  and  material  and  for  all  debts  in- 
curred in  the  performance  of  this  contract.  All  claims  under  this  act 
shall  be  filed  with  the  county  surveyor  before  the  expiration  of  the  time 
for  the  completion  of  such  contract. 

Sec.  4477.  [County  ditches;  supervision  of  work  and  payment 
of  contractors.]  The  work  shall  be  done  under  the  supervision  of  the 
county  surveyor  and  when  a  part,  not  less  than  one-fourth  of  the  portion 
thereof  included  in  any  contract  is  completed  in  accordance  with  the 
specifications,  he  shall  give  to  the  contractor  a  certificate  thereof,  showing 
the  proportional  amounts  which  the  contractor  is  entitled  to  be  paid  by 
the  terms  of  his  contract ;  and  the  auditor  shall,  upon  the  presentation  of 
such  certificate  to  him,  draw  his  warrant  on  the  treasurer  for  not  more 
than  seventy-five  per  cent,  of  the  amount,  and  the  treasurer  shall  pay  the 
same  out  of  any  funds  in  the  treasury  applicable  to  such  purposes ;  or  if 
the  commissioners  have  determined  to  issue  bonds  for  the  construction 
of  such  work,  they  may,  if  the  contractor  consent,  pay  in  bonds,  but  pro- 
portioned amounts  shall  not  be  certified  or  paid  unless  the  whole  job 
amounts  to  more  than  one  thousand  cubic  yards.  When  the  whole  con- 
tract is  completed,  the  entire  price  may  be  paid  in  the  manner  aforesaid. 

Sec.  4478.  [County  ditch;  when  contract  for  same  not  com- 
pleted;  proceedings   in  case   of  damages.]      Any   job   not   completed 


LAWS    RELATING    TO    AGRICULTURE. 


93. 


within  the  time  fixed  in  the  contract  and  bond  may  be  reestimated  by 
the  county  survevof,  and  resold  by  him  to  the  lowest  possible  bidder,  or  he 
may  complete  it  at  the  expense  of  the  contractor  and  bondsmen,  but  such 
jobs  shall  not  be  resold  for  a  sum  greater  than  such  estimate  or  reesti- 
mate,  nor  a  second  time  to  the  same  party ;  a  contract  and  bond  shall  be 
entered  into  as  hereinbefore  provided,  but  the  commissioners  may,  for  good 
cause,  give  further  time  to  anv  contractor,  not  exceeding  one  hundred^ 
and  twentv  days  :  the  county  surveyor  shall  fix  a  time  for  the  completion 
of  the  work  resold  not  exceeding  one  hundred  and  twenty  days  from 
the  date  of  the  bond.  A  person  or  corporation  who  has  sustained  dam- 
ages in  consequence  of  the  non-performance  of  such  work  may 
bring  suit  for  damages  in  any  court  of  competent  jurisdiction,  against 
any  contractor  failing  to  perform  his  contract,  or  upon  the  bond  of  such 
contractor,  and  recover  damages,  as  provided  by  law  in  other  cases ;  and 
no  contractor  shall  be  prosecuted  on  his  bond  until  the  section  below  has. 
been  completed. 

Sic.  4479^  |  Commissioners  to  rn^ke  assessments  on  benefited 
lands.]  When  the  working  sections  of  the  improvement  are  let,  as. 
hereinbefore  provided,  and  the  costs  and  expenses  of  location  and  con- 
struction, and  all  compensation  and  damages  are  ascertained,  the  commis- 
sioners shall  meet  and  determine  at  what  time  and  in  what  number  of  as- 
sessments they  will  require  the  same  to  be  paid,  and  order  that  the  assess- 
ments, as  made  by  them,  be  placed  on  the  duplicate  accordingly;  against 
all  the  lots  or  lands,  or  corporate  roads  or  railroads  assessed;  they  shall 
also  determine  whether  they  will  issue  the  bonds  of  the  county  to  raise- 
the  money  necessarv  to  pay  'such  costs  and  expenses,  and  if  they  so  deter- 
mine, the  bonds  may  be  issued  for  a  term  of  years,  not  exceeding  twenty, 
at  a  rate  of  interest  not  exceeding  six  per  centum  per  annum,  payable 
semi-annually ;  and  they  shall  cause  an  entry  to  be  made  upon  their 
journal,  setting  forth  tlieir  finding  and  determination  under  this  section. 

Sic.  4480.  [Assessment  for  county  ditches;  how  collected;  issue 
of  bonds  to  the  amount  of  delinquencies,!  When  the  commissioners 
make  an  assessment  they  shall  cause  an  entry  to  be  made,  directing  the 
auditor  to  make  and  furnish  to  the  treasurer  of  the  county  a  special  dupli- 
cate with  the  assessment  arranged  thereon,  as  required  by  their  order, 
and  the  auditor  shall  retain  a  copy  thereof  in  his  office,  and  all  assessments 
shall  be  collected  and  accounted  for  by  the  treasurer  as  taxes;  provided, 
that  in  cases  when  the  assessments  remain  unpaid  for  one  year  after  the 
same  is  placed  upon  the  special  duplicate,  then,  and  in  that  case,  to-wit, 
unless  otherwise  ordered  by  the  county  commissioners,  the  same  shall  be 
placed  on  the  general  duplicate  for  collection,  together  with  a  penalty  of 
not  less  than  six  per  cent,  annually  as  county  ditch  taxes,  and  the  amount 
of  delinquent  tax  thus  placed  on  the  general  duplicate  shall  be  charged 
respectively  to  the  several  ditches  on  account  of  which  such  assessments 
have  been  made  as  a  transfer  from  the  county  ditch  fund.  And  the  com- 
missioners are  hereby  authorized  to  issue  county  ditch  bonds  not  exceed- 
ing the  amount  of  such  delinquencies,  after  each  semi-annual  settlement 
between  the  auditor  and  treasurer  for  a  term  of  years  not  exceeding- 
three,  at  a  rate  of  interest  not  exceeding  six  per  cent.,  payable  semi- 
annually, and  for  the  payment  of  which,  both  principal  and  interest,  the 
faith  of  the  county  shall  be  pledged,  and  the  money  arising  from  the  sale 
of  such  bonds  shall  be  charged  to  the  county  ditch  fund,  and  the  commis- 
sioners, in  their  annual  report  to  the  court  of  common  pleas,  shall  fully 


94  LAWS    RELATING    TO    AGRICULTURE. 

set  forth  the  amount  of  tax  transferred  and  bonds  sold,  as  provided 
in  this  section. 

Sec.  4481.  [Assessments  when  county  bonds  are  to  be  issued.] 
If  the  commissioners  determine  to  issue  bonds  of  the  county  for  the  money 
necessary  to  meet  the  expense  of  construction  of  any  ditch,  they  shall  make 
an  assessment  upon  all  the  lots,  lands,  public  or  corporate,  roads  or  rail- 
roads, benefited  by  the  improvement  in  proportion  to  the  apportionment 
hereinbefore  provided  for,  sufficient  to  pay  the  costs  of  location  and  the 
first  year's  interest,  and  including  the  fees  of  the  surveyor  or  engineer 
made  after  locating,  in  superintending  the  construction  of  the  improve- 
ment, and  order  the  same  to  be  placed  upon  the  duplicate  for  collection ; 
and  they  shall,  thereafter,  make  such  assessments  as  may  be  required  to 
raise  the  money  for  the  prompt  payment  of  such  bonds. 

Sec.  4482.  [The  form  of  such  bonds.]  The  county  commission- 
ers shall  issue  such  bonds  of  the  county  in  amounts  as  determined  by 
them,  payable  out  of  the  funds  arising  from  such  assessments,  and  bearing 
interest  as  hereinbefore  provided ;  said  bonds  shall  be  signed  by  the  county 
commissioners  and  countersigned  by  the  county  auditor,  who  shall  affix 
his  seal  thereto ;  such  bonds  shall  not  be  sold  for  less  than  their  par  value, 
and  the  money  arising  from  such  sale  shall  be  used  for  no  other  purpose 
than  the  construction  and  expense  of  said  improvement. 

Sec.  4483.      [A  municipal  corporation  may  present  a  petition.] 

The  council  of  a  municipal  corporation  may,  by  resolution,  authorize 
the  mayor  to  present  a  petition,  signed  by  him  officially,  and  a  bond,  to 
the  county  commissioners,  to  locate  and  construct  a  ditch  described  in 
the  resolution,  or  such  council  may  authorize  the  mayor  to  sign  officially 
a  petition  and  bond  for  a  ditch,  to  be  presented  by  parties  interested 
whose  lands  are  without  the  limits  of  the  corporation,  whenever  the 
improvement  will  be  conducive  to  the  public  health,  convenience,  or  wel- 
fare, of  the  whole  or  any  portion  of  the  inhabitants  of  the  corporation ; 
in  such  case  the  commissioners  shall  count  the  municipal  corporation  as 
an  individual  petitioner,  and  may  direct  the  surveyor  or  engineer  to  locate 
the  improvement  in  accordance  with  the  petition,  whether  wholly  within 
or  wholly  without,  or  partly  within  and  partly  without,  the  limits  of 
the  corporation ;  and  the  surveyor  or  engineer,  in  making  his  schedule  of 
lots  and  lands  benefited,  may  enumerate  such  lots  and  lands  within  or 
without  the  corporate  limits  as  are  especially  benefited,  and  also  the  munic- 
ipal corporation  for  benefits  to  the  health  and  welfare  of  its  inhabitants. 

Sec.  4484.  [The  whole  or  a  part  of  a  municipality  may  be  con- 
sidered a  single  tract.]  When  the  improvement  equally  drains  or 
otherwise  benefits  the  whole  of  the  territory  within  the  limits  of  a  munici- 
pal corporation,  or  any  part  thereof,  the  surveyor  or  engineer,  or  the 
commissioners,  or  the  jury,  if  a  jury  be  called,  may  consider  and 
treat  such  territory  as  a  single  parcel  of  land;  and  any  sum  appor- 
tioned thereto  shall  be  apportioned  by  the  county  auditor  to  the  lots  or 
lands  included  therein,  according  to  the  valuation  thereof  for  taxation. 

Sec.  4485.  [Notice  to  municipal  authorities,  and  proceedings 
thereafter.]  If  the  proposed  improvement  passes  through  or  into  a 
municipal  corporation  the  mayor  of  which  has  not  signed  the  petition 
therefor  as  provided  in  the  preceding  section,  the  mayor  shall  be  notified 
of  the  pendency  of  the  petition  in  the  same  manner  and  at  the  same  time 
that  the  commissioners  are  required  by  section  forty-four  hundred  and 


LAWS  RELATING  TO  AGRICULTURE.  95 

fifty-two  to  be  notified ;  the  mayor  shall  notify  the  council  of  the  pendency 
of  the  petition,  at  its  next  regular  meeting,  or,  if  necessary,  call  a  special 
meeting  of  the  council  for  that  purpose ;  and  thereupon  the  council  shall 
appoint  a  committee  of  its  members,  or  the  engineer  of  the  corporation, 
or  both,  to  meet  the  commissioners,  at  the  time  and  place  of  their  meeting 
and  view,  and  confer  with  them  in  regard  to  the  improvement. 

Sec.  4487.  [Penalties  against  officers  for  neglect  of  duty.]  If 
an  engineer  or  auditor,  or  a  commissioner  or  probate  judge,  neglect  or 
refuse  to  perform  any  duty  imposed  upon  him  by  the  provisions  of  this 
chapter,  he  shall  forfeit  and  pay  a  fine  of  twenty-five  dollars  for  every 
such  neglect,  to  be  recovered  before  any  officer  having  competent  jurisdic- 
tion, in  the  name  of  the  state,  for  the  benefit  of  .the  common  schools  of 
the  county,  at  the  suit  of  any  person  aggrieved  thereby. 

Sec.  4488.  [Application  when  proposed  ditch  in  more  than  one 
county.]  When  a  ditch  or  improvement  is  proposed,  which  will  re- 
quire a  location  in  more  than  one  county,  application  shall  be  made  to 
the  commissioners  of  each  of  said  counties,  and  the  surveyor  or  engineer 
shall  make  a  report  for  each  county;  application  for  damages  shall  be 
made,  and  appeals  from  the  finding  of  the  commissioners,  in  joint  session, 
locating  and  establishing  such  ditch,  and  from  the  assessment  of  damages 
or  compensation,  shall  be  taken  to  the  probate  court  of  the  county  in  which 
the  greatest  length  of  such  ditch  or  improvement  is  located;  and  a 
majority  of  the  commissioners  of  each  county,  when  in  joint  session,  shall 
be  competent  to  locate  and  establish  such  ditch  or  improvement;  but  no 
commissioner  shall  serve  in  any  case  in  which  he  is  personally  interested ; 
and  any  two  commissioners  may  form  a  quorum  for  the  transaction  of 
business  under  this  chapter,  of  their  respective  counties  ;  provided,  further, 
that  when  any  two  or  more  commissioners  of  any  county  are  personally 
interested  in  any  improvement  upon  which,  or  in  the  location  and  estab- 
lishment of  which,  they  are  called  upon  to  act,  the  auditor,  probate  judge 
and  recorder  of  said  county  shall  appoint  a  suitable  person  to  act  in  the 
place  of  each  commissioner  so  interested,  and  their  acts  shall  have  the 
same  force  and  effect  in  such  cases  as  though  they  were  commissioners 
of  said  county  for  which  they  are  appointed  to  act,  and  the  persons  so 
appointed  shall  receive  the  same  ccr'^snsation  as  the  county  commission- 
ers for  like  services. 

Sec.  4488a.     [Joint  county  ditches;  apportionment  of  cost.]      If 

the  commissioners  in  joint  session  find  in  favor  of  the  proposed  im- 
provement, and  are  unable  afterwards  to  agree  as  to  the  proportion  of  the 
•costs  of  location  and  constructing  the  improvement,  which  shall  be  assessed 
in  each  of  the  counties,  respectively,  the  board  of  commissioners  of  eithei 
county  may  petition  the  court  of  common  pleas  of  their  county  for  the 
appointment  of  three  disinterested  freeholders,  not  residents  of  either  of 
said  counties  who  shall  within  thirty  days  thereafter,  after  being  duly 
sworn  and  upon  actual  view  of  said  improvement,  estimate  and  report 
to  said  court  the  amount  which  should  be  charged  to  the  land  in  each 
county  interested  in  said  improvement  respectively.  The  commissioners 
making  the  application  shall  be  plaintiffs,  and  the  commissioners  of  the 
other  counties  shall  be  defendants.  The  court  wherein  such  petition  is 
first  filed  shall  have  exclusive  jurisdiction.  Either  of  the  parties  may, 
within  tea  days  after  the  filing  of  said  report,  file  exceptions  thereto,  and 
the  court  shall  confirm,  modify  or  set  aside  said  report  and  appoint  other 
freeholders,  as  justice  may  require.     Costs,  including  allowance  to  said 


96  LAWS    RELATING   TO    AGRICULTURE. 

freeholders  shall  be  charged  to  the  parties  as  the  court  may  determine. 
After  final  determination  the  clerk  of  said  court  shall  send  a  transcript  of" 
said  proceedings  duly  certified  to  the  commissioners  of  each  county,  who- 
shall  make  the  apportionment  of  costs  of  location  and  construction  as  ire 
this  chapter  provided,  giving  to  the  property  in  each  county  the  amount  so- 
determined  in  the  court  proceeding,  including  costs. 

Sec.  4489.  [When  a  change  of  route  authorized.]  The  commis- 
sioners, if  they  find  the  route  proposed  is  not  such  as  best  to  effect  the 
object  sought,  or  that  the  proposed  drainage  can  be  effected  as  well  in 
connection  with  a  ditch  necessary  for  the  improvement  of  public  highways 
already  established,  or  such  as  may  be  thereafter  required,  shall  proceed  to^ 
establish  the  route ;  if  the  route  proposed  is  upon  a  line  or  subdivision  of 
sections  where  a  public  road  may  be  required,  and  in  all  cases  in  which 
the  route  proposed  is  along  highways  already  established,  the  commission- 
ers shall  locate  the  improvement  at  a  sufficient  distance  from  the  center  of 
such  highways  to  admit  of  a  good  road  along  such  central  line ;  the  earth 
taken  from  the  ditch  shall  be  so  placed  upon  the  roadways  as  to  form 
a  turnpike,  and  no  part  of  such  earth  shall  be  placed  nearer  to  the  ditch 
than  two  feet;  and  the  commissioners,  in  locating  ditches,  shall  in  all 
cases,  so  far  as  practicable,  avoid  running  the  same  diagonally  across 
sections  or  parts  of  sections. 

Sec.  4490.  [The  collection  of  taxes  or  assessments  not  to  be  en- 
joined.] The  col-lection  of  taxes  or  assessments,  levied  or  ordered  to- 
be  levied,  to  pay  for  the  location  or  construction  of  any  ditch,  shall  not  be 
perpetually  enjoined,  nor"  declared  absolutely  void,  in  consequence  of  any 
error  committed  by  the  surveyor  or  engineer,  the  county  auditor,  or  the-- 
county  commissioners,  in  the  location  or  establishment  thereof ;  nor  by 
reason  of  any  error  or  informality  appearing  on  the  record  of  the  pro- 
ceedings to  locate  or-  establish  the  same ;  nor  by  reason  of  any  error  com- 
mitted by  the  surveyor  or  engineer,  the  county  auditor,  or  county  com- 
missioners, in  respect  to  the  letting  of  uncompleted  work,  or  the  levy  of 
any  tax  assessment  for  the  labor  and  expense  of  construction  of  any 
uncompleted  portion,  section,  or  allotment  of  any  such  ditch. 

Sec.  4491.  [How  far  proceedings  may  be  declared  void.]  The 
court  in  which  any  proceeding  is  brougnt  to  recover  any  tax  or  assessment 
paid,  or  to  declare  void  the  proceedings  to  locate  or  establish  any  ditch, 
or  to  enjoin  any  tax  or  assessment  levied  or  ordered  to  be  levied  to  pay 
for  the  labor  and  expense  aforesaid,  shall,  if  there  is  manifest  error  in  the 
proceedings,  allow  the  plaintiff  in  the  action  to  show  that  he  has  been 
injured  thereby,  and  may,  on  application  of  either  party,  appoint  such  per- 
son or  persons  to  examine  the  premises,  or  to  survey  the  same,  or  both, 
as  may  be  deemed  necessary  ;  the  court  in  which  any  such  proceedings  are 
begun  shall  allow  parol  proof  that  said  improvement  is  necessary  and 
will  be  conducive  to  the  public  health,  convenience,  or  welfare,  and  that 
any  steps  required  by  law  for  any  improvement  have  been  substantially 
complied  with  notwithstanding  the  record  required  to  be  kept  by  any 
board  or-  officer ;  and  without  finding  error;  the  court  may  correct  any 
gross  injustice  in  the  apportionment,  made  by  the  commissioners;  the- 
court  shall,  on  final  hearing,  make  such  order  in  the  premises  as  shall  be 
just  and  equitable,  and  may  order  that  such  tax  or  assessment  remain 
on  the  duplicate  for  collection,  or  order  the  same  to  be  levied,  or  may 
perpetually  enjoin  the  same,  or  any  part  thereof,  or,  if  the  same  has  been 
paid  under  protest,  may  order  the  whole  or  such  part  thereof,  as  is  just  and: 


LAWS    RELATING   TO   AGRICULTURE.  97 

equitable,  to  be  refunded ;  and  the  cost  of  such  proceeding  shall  be  appor- 
tioned among  the  parties,  or  paid  out  of  the  county  treasury,  ate  justice 
requires. 

Sec.  4492.  [An  old  ditch  may  be  repaired  in  the  same  proceed- 
ing.] The  county  commissioners  may  hear  and  determine,  at  the 
same  time,  and  under  the  same  petition  the  necessity  of  locating  any  new 
ditch,  or  a  ditch  partly  old  and  nartly  new,  or  of  deepening,  widening, 
straightening,  or  altering  any  old  ditch,  as  the  necessity  of  the  case- re- 
quires, and  shall  cause  such  entry  to  be  made  on  their  journal  as  in  their 
judgment  is  required;  all  estimates,  either  by  the  surveyor  or  engineer, 
or  by  the  commissioners,  shall  be  made  in  the  manner  provided  in  this 
chapter;  no  assessment  shall  be  made  to  any  lands  upon  any  principle 
other  than  that  of  benefits  derived,  and  in  proportion  thereto  in  deepen- 
ing, widening,  straightening,  or  altering  any  ditch,  and  no  lands  lying 
below  shall  be  assessed  for  the  benefit  of  lands  lying  above ;  but  all  assess- 
ments shall  be  made  in  proportion  to  the  benefits  derived. 

Sec.  4493.  [When  township  trustees  may  apply  for  ditch.]  The 
trustees  of  any  township,  may  on  written  application  signed  by  twelve 
or  more  resident  land  owners  of  the  township,  if,  in  their  opinion,  the 
interest  of  the  township  demands  it,  cause  the  petition  and  bond  herein- 
before provided  for  to  be  filed  on  behalf  of  the  township;  in  such  case 
the  proceedings  before  the  commissioners  and  probate  court  shall  be 
the  same  in  every  respect,  and  the  duties  of  the  auditor,  and  of  the  sur- 
veyor or  engineer,  shall  be  the  same,  and  be  discharged  in  the  same 
manner  as  if  the  petition  and  bond  were  filed  by  a  private  party;  and 
every  act  necessary  to  secure  the  location,  establishment,  and  construction 
of  any  new  improvement,  or  in  the  deepening,  widening,  straightening, 
cleaning  out,  alteration,  or  vacation  of  any  ditch,  may  be  performed  by 
order  of  the  commissioners,  on  such  petition  and  bond. 

Sec.  4494.  [Commissioners  shall  require  surveyor  or  engineer  to 
give  bond.]  The  commissioners  shall  require  each  surveyor  or  engi- 
neer appointed  by  them  under  the  provisions  of  this  chapter,  to  enter 
into  a  good  and  sufficient  bond,  covering  all  the  ditches  upon  which  he 
may  be  appointed,  with  surety  to  be  approved  by  them,  conditional  for 
the  faithful  performance  of  his  duties,  in  a  sum  to  be  fixed  by  the  com- 
missioners ;  and  an  action  may  be  brought  on  such  bond  by  any  person 
aggrieved  by  a  failure  of  the  surveyor  or  engineer  to  do  his  duty  in 
the  name  of  such  party,  and  recovery  may  be  had  for  his  use  and  benefit ; 
but  if  the  county  surveyor  shall  be  appointed  by  the  commissioners, 
under  the  provisions  ol  this  chapter,  he  shall  be  liable  upon  his  official 
bond  for  the  faithful  performance  of  his  duties,  and  an  action  may  be 
brought  on  such  bond  as  aforesaid. 

Sec.  4495.  [Commissioners  may  require  any  bridge  or  culvert 
to  be  enlarged.]  The  commissioners  of  any  county,  at  any  regular 
or  called  session,  may  in  the  manner  provided  in  this  chapter,  so  far 
as  applicable  when  the  same  is  necessary  to  the  public  health,  conven- 
ience or  welfare,  cause  to  be  located,  constructed,  deepened,  widened 
or  enlarged  any  bridge  or  culvert,  made  necessary  by  the  crossing  of  any 
ditch,  drain,  watercourse  or  stream  of  water,  by  any  railroad,  turnpike, 
plank  road,  or  other  road  of  any  corporation,  at  the  expense  of  said  cor- 
poration, and  the  necessity  for  making  any  improvement  herein  provided 
for,  may  be  heard  and  determined  at  the  same  time  and  under  the  same 
petition  as  provided  for  in  section  4447  of  this  chapter. 

7    e.  h.  B. 


^0  LAWS    RELATING   TO    AGRICULTURE. 

[  Dimensions  of  improvement  determined  by  commissioners ;  cor- 
poration affected  to  make  same.]  If  the  commissioners  find  for  the 
improvement,  they  shall,  by  an  order  entered  on  their  journal,  determine 
the  dimensions  of  said  improvement  and  that  said  improvement  shall  be 
made  by  the  corporation  affected  thereby,  within  three  months  from  the 
making  of  such  order  according  to  the  plans  and  specifications,  and  of 
such  materials,  as  the  board  may  approve  and  select ; 

[Failure  of  corporation  to  make  improvement.]  Provided,  that 
if  said  corporation  shall  not  within  ten  days  from  the  date  of  such  order, 
in  writing,  elect  to  make  said  improvement  as  ordered,  such  fact  shall 
be  taken  as  a  refusal  to  do  the  same,  and  thereupon,  the  county  com- 
missioners shall  at  once  by  an  order  duly  entered  upon  their  journal, 
specify  the  materials  to  be  used  in  the  construction  of  said  improvement, 
and  directing  the  county  surveyor,  or  an  engineer,  to  make  suitable 
surveys  and  to  prepare  plans  and  specifications  for  the  making  of  said 
improvement  so  ordered,  which  shall  be  filed  with  the  county  auditor 
within  twenty  days  from  the  making  of  such  order,  who  shall  thereupon 
fix  a  date  for  a  hearing  thereon. 

[Exceptions  to  plans  and  specifications,  etc.]  At  any  time  on  or 
before  the  day  set  for  said  hearing  said  corporation  may,  in  writing, 
file  exceptions  to  said  plans  and  specifications,  or  ask  for  any  change 
or  alteration  thereof,  and  of  the  materials  out  of  which  the  same  is 
ordered  to  be  constructed,  which  may  be  granted  or  refused  by  said 
commissioners  as  may  seem  just  and  proper. 

[Letting  of  improvement;  costs  assessed  against  corporation.] 
Upon  the  approval  of  such  plans  and  specifications  as  made,  or  as  may 
be  changed  at  said  hearing,  the  commissioners  shall,  at  once,  proceed 
to  fix  a  time  for  the  letting  of  said  improvement  by  bids  as  provided  in 
section  4475  of  this  chapter,  and  as  soon  as  said  improvement  is  com- 
pleted assess  said  corporation  with  the  cost  of  constructing  and  letting 
the  same,  and  such  assessment  shall  be  a  lien  upon  the  property  of  the 
corporation,  and  be  collected  as  other  taxes,  or  they  mav  order  the 
same  to  be  collected  from  such  corporation  by  an  action  at  law,  as  they 
deem  proper.     Such  corporations  shall  be  served  as  in  other  cases. 

Sec.  4499.  [The  commissioners  may  vacate  a  ditch.]  The  com- 
missioners may,  on  the  proper  petition  and  bond  being  filed,  and  the 
same  notice  being  given  as  is  required  in  cases  of  the  location  of  a  ditch, 
declare  any  ditch,  whether  located  by  the  county  commissioners,  or  by 
the  trustees  of  a  township,  vacated  and  abandoned,  and  its  location  and 
establishment  to  be  held  for  naught,  if,  in  their  judgment,  the  same  has 
ceased  to  be  of  public  utility,  and  the  public  health,  convenience,  or 
welfare  no  loneer  demands  the  maintenance  thereof;  but  private  rights 
of  persons  acquired  by  reason  of  the  location  and  establishment  of  such 
ditch  shall  not  to  be  interfered  with  nor  in  any  way  impaired  thereby. 

Sec.  4500.  [When  a  ditch  becomes  a  public  water-course.] 
When  a  ditch  has  been  established  and  constructed  for  the  public  health, 
convenience,  or  welfare,  either  by  private  agreement  between  two  or 
more  individuals,  whose  real  property  has  been  affected  thereby,  or  by 
a  board  of  township  trustees,  or  [by]  a  board  of  county  commissioners, 
and  such  ditch  has  been  used  for  the  purpose  of  drainage  of  private 
lands  or  public  highways  for  seven  years  or  more,  without  obstruction 
or  interruption,  the  same  shall  be,  and  hereby  is  declared  to  be  a  public 


LAWS   RELATING   TO   AGRICULTURE. 


99 


water-course,  notwithstanding  errors,  defects,  or  irregularities  in  the 
location,  establishment,  or  construction  of  the  same,  and  such  public 
water-course  shall,  in  all  respects,  be  considered  and  treated  as  a  natural 
water-course,  and  the  public  shall  have  and  possess,  in  and  to  such 
public  water-course,  the  same  rights  and  privileges  which  pertain  and 
relate  to  natural  water-courses. 

Sec.  4501.  [General  levy  for  ditch  fund  ;  proceedings  when~com- 
pensation  or  damages  are  awarded ;  auditor  to  draw  warrant  on  county 
treasurer  for  amount  of  award.]  The  commissioners  shall,  annually 
if  necessa:  y,  at  their  March  session,  levy  upon  the  grand  duplicate  of 
the  county  tax  not  to  exceed  five-tenths  of  one  mill  on  the  dollar,  suffi- 
cient to  pay  for  the  location  and  construction  of  such  portions  of  the 
respective  ditches  located  by  them,  or  by  the  commissioners,  of  two 
or  more  counties  as  may  be  apportioned  to  the  county,  and  they  shall 
pay  out  of  any  fund  applicable  to  such  purposes,  any  sum  assessed  upon 
land  owned  by  the  county.  In  all  proceedings  which  have  beenv  or 
shall  be  commenced  under  this  chapter,  wherein  compensation  and 
damages,  or  either,  has  been  or  shall  be  awarded  by  the  commissioners, 
under  section  forty-four  hundred  and  sixty-one,  or  by  a  jury  on  appeal 
to  the  probate  court,  an  amount  of  the  county  general  ditch  improve- 
ment fund,  in  the  county  treasury,  sufficient  to  satisfy  the  same,  shall 
be  set  apart  and  held  as  a  deposit  of  money  to  secure  and  be  subject 
to  the  payment  of  the  same ;  and  if  in  any  such  case  there  shall  be  an 
insufficient  amount  of  such  ditch  improvement  fund  unappropriated  in 
the  treasury  for  such  security  and  payment,  then  an  amount  of  the 
general  revenue  fund  in  the  county  treasury,  equal  to  such  deficiency, 
together  with  such  unappropriated  residue  of  said  ditch  improvement 
fund,  if  any,  shall  be  set  apart  and  held,  for  said  purposes ;  and  the  com- 
missioners shall,  before  the  property  for  which  compensation  and  dam- 
ages has  been  awarded,  shall  have  been  actually  taken  and  occupied  for 
the  purpose  of  its  appropriation,  order  the  auditor  on  demand  of  the 
corporation  or  person  entitled  thereto,  to  draw  his  warrant  on  the  county 
treasury  for  the  amount  of  such  award,  stating  therein  on  what  fund  it 
is  drawn,  and  deliver  the  same  to  the  party  so  entitled,  which  shall  be 
paid  out  of  the  county  treasury;  and  all  sums  so  paid  shall  be  appor- 
tioned, assessed  and  reimbursed  to  said  funds  from  the  collection  of  as- 
sessments for  compensation  and  damages  as  provided  in  sections  four 
thousand  four  hundred  and  seventy-nine,  and  four  thousand  four  hundred 
and  eighty,  of  the  Revised  Statutes.  And  said  original  section  four 
thousand  -five  hundred  and  one  is  hereby  repealed. 

Sec.  45010.  [Duties  of  commissioners  when  awards  are  made.] 
When  all  compensation  and  damages  are  ascertained,  the  commission- 
ers shall  meet  and  determine  whether  they  will  issue  the  bonds  of  the 
county  to  raise  the  money  necessary  to  pay  such  compensation  and  dam- 
ages, or  any  part  thereof,  and  if  so  determined,  the  bonds  shall  be  issued 
for  a  term  of  years,  and  at  a  rate  of  interest,  as  provided  for  the  issuing 
of  bonds,  [in]  section  four  thousand  four  hundred  and  seventy-nine, 
which  bonds  shall  not  be  sold  below  their  par  value. 

Sec.  4501'?.  [Bonds,  how  paid.]  The  bonds  provided  for  in  this 
act,  together  with  interest  thereon,  shall  be  paid  as  they  respectively  fall 
due,  out  of  the  county  general  ditch  improvement  fund. 

Sec.  4502.  [Township  levy  for  ditch  purposes.]  The  trustees 
of  any  township  to  which  is  apportioned  by  the  county  commissioners, 


100  LAWS' RELATING    TO    AGRICULTURE. 

under  the  provisions  of  this  chapter,  any  portion  of  the  expenses  of  the 
construction  of  any  ditch  improvement,  shall,  annually,  levy  upon  the 
grand  duplicate  of  the  township  a  tax,  sufficient,  in  their  judgment,  to 
pay  such  apportionment,  but  not  to  exceed  five-tenths  of  one  mill  on 
the  dollar,  and  certify  the  same  to  the  county  auditor  on  or  before  the: 
fifteenth  day  of  May. 

Sec.  4503.  [When  board  of  education  may  levy  to  pay  assess- 
ment.] The  board  of  education  of  any  district  interested  in  land 
granted  by  congress  for  the  support  of  common  schools,  unless  such' 
lands  have  been  permanently  leased,  and  of  any  district  owning  or  hold- 
ing other  land  for  school  purposes,  shall,  when  an  assessment  is  made 
upon  such  land,  or  any  part  thereof,  under  the  provisions  of  this  chapter,, 
pay  such  assessment  out  of  the  contingent  fund  of  the  district,  and  maw 
if  necessary  for  that  purpose,  increase  the  levy  for  such  fund  otherwise 
authorized  by  law. 

Sec.  4504.  [Auditor  to  make  a  record  of  ditch  proceedings.] 
The  auditor  shall  make,  in  a  suitable  book  to  be  provided  for  that  pur- 
pose at  the  expense  of  the  county,  a  complete  record  of  each  ditch  im- 
provement made  in  his  county  under  the  provisions  of  this  chapter, 
which  shall  include  the  petition,  bond,  reports  of  the  surveyor  or  engi- 
neer, and  all  journal  entries  made,  together  with  all  plats  and  other  papers 
necessary  to  show  a  complete  history  of  all  that  is  done  in  each  case 
up  to  and  including  the  final  order  made  by  the  board. 

Sec.  4505.  [Auditor  to  keep  ditch  accounts.]  The  commissison- 
ers  of  any  county  wherein  a  ditch  improvement  is  ordered,  whether  the 
same  is  the  construction  of  a  new  ditch,  or  the  deepening,  widening, 
straightening,  or  alteration  of  an  old  ditch,  shall  provide  a  suitable  book 
in  which  to  keep  the  ditch  accounts  of  the  county ;  the  auditor  shall  open 
therein  an  account  with  each  improvement,  in  the  name  by  which  the 
same  is  known,  and  charge  all  assessments  and  credit  all  payments  made 
in  the  case;  the  money  collected  on  each  improvement  shall  constitute 
a  special  fund ;  and  the  provisions  of  this  section  shall  apply  in  cases  of 
ditches  located  by  the  commissioners  of  more  than  one  county  in  joint 
session. 

Sec.  4506.  [Fees  and  costs.]  The  folio  wing  fees  shall  be  al- 
lowed for  services  actually  rendered  under  the  provisions  of  this  chapter: 

The  county  commissioners,  each,  three  dollars  per  day. 

The  county  auditor,  for  filing  each  paper  belonging  in  the  case,  three 
cents;  for  recording  each  hundred  words,  three  figures  to  count  as  one 
word,  excluding  calculations  not  necessarily  included  in  the  record,  six 
cents ;  for  each  copy,  including  certificate,  when  necessarily  a  part  of  the 
copy,  and  for  all  notices,  six  cents  for  each  hundred  words,  three  figures 
to  count  as  one  word,  but  he  shall  receive  no  fees  for  printed  notices  ; 
for  each  warrant  drawn  on  the  county  treasurer,  and  for  each  certificate, 
three  cents ;  for  each  tabular  statement  furnished  the  printer,  six  cents 
per  hundred  words,  three  figures  to  count  as  one  word  ;  and  for  each 
copy  of  specifications  furnished,  six  cents  per  hundred  words,  three 
figures  to  count  as  one  word,  to  be  paid  by  the  party  demanding-  the  same. 

The  probate  judge,  for  docketing  each  case,  for  each  party,  five 
cents ;  for  issue  of  venire,  with  seal,  fifty  cents  ;  for  each  subpoena  with 
only  one  name,  five  cents,  and  three  cents  for  each  additional  name 
therein ;  for  each  journal  entry,  six  cents  per  hundred  words,  and  for 
copies  duly  certified,  including  seal,  six  cents  per  hundred  words  ;  for 


LAWS  RELATING  TO  AGRICULTURE.  101 

swearing  each  witness,  five  cents;  certifying  each  witness,  three  cents, 
and  entering  attendance  of  each  witness,  three  cents ;  for  swearing  jury, 
fifteen  cents,  taking  affidavits,  fifteen  cents ;  for  filing  each  paper_origi- 
nally  filed  in  probate  court,  and  including  transcript,  three  centb  ;~for 
issuing  transcript  of  proceedings  in  probate  court,  six  cents  per  hundred 
words,  including  certificate  and  seal ;  for  certifying  fees  to  auditor,  three 
cents  for  each  person  named,  including  jurors ;  and  for  all  items  not 
herein  specified,  the  same  fees  as  are  allowed  by  law  for  like  services 
:in  other  cases. 

'The  sheriff,  for  serving  and  returning  each  summons,  when  only  one. 
defendant  is  named  therein,  thirty-five  cents,  and  for  each  additional 
name  twenty  cents ;  for  copy  of  summons,  duly  certified,  forty-five  cents ; 
for  serving  and  returning  subpoena,  fifteen  cents  for  each  petson*  ftfjmed 
therein;  for  serving  and  returning  venire  for  jury,  traveling  *foes  in- 
cluded, to  be  paid  by  the  county,  four  dollars,  and  for  caljing/ja^h  tales- 
man to  fill  the  panel  fifteen  cents  ;  for  each  day's  attendance-' with  the?  jnf.y ; 
on  the  line  of  the  ditch,  three  dollars,  and  for  all  other  services  required 
to  be  rendered  by  him  the  same  fees  as  are  allowed  by  law  for  like  services 
in  other  cases. 

The  jurors  shall  each  receive,  for  each  day's  attendance,  one  dollar 
and  fifty  cents,  and  ten  cents  per  mile  from  his  place  of  residence  to  the 
county  seat. 

The  person  appointed  by  the  commissioners  to  examine  and  report  as 
to  the  cleaning  out  of  a  ditch  shall  receive  two  dollars  per  day  for  each 
day  actually  employed  therein,  and  in  the  examination  of  work  performed. 

Witnesses,  duly  subpoenaed  and  in  attendance,  either  before  the 
commissioners,  the  auditor,  or  the  probate  court  and  jury,  for  each  day's 
attendance,  seventy-five  cents,  each,  and  five  cents  per  mile  from  place  of 
residence  to  county  seat. 

The  surveyor  or  engineer,  four  dollars  per  day  for  the  time  actually 
employed  on  the  work  designated  for  him  to  do. 

Each  chairman,  axman,  and  rodman,  one  dollar  and  twenty-five  cents 
per  day  for  the  time  actually  employed. 

All  other  hands  necessary  to  the  prompt  execution  of  the  work  of 
locating  the  improvement,  one  dollar  and  twenty-five  cents  per  day  each. 

For  printing,  fifty  cents  per  square  for  actual  printed  matter,  for  the 
first  insertion,  and  twenty-five  cents  per  square  for  each  insertion  there- 
after, nonpareil  estimate. 

Sec.  4507.  [How  the  same  to  be  paid.] All  fees  under  this 
this  chapter  shall  be  paid  out  of  the  county  treasury  as  soon  as  the  bill  of 
items  thereof  is  examined  and  allowed  by  the  commissioners,  and  the 
auditor  shall  issue  orders  therefor  on  such  allowance ;  and  for  all  amounts 
so  paid,  except  to  the  commissioners,  auditor,  and  probate  judge,  the 
commissioners  shall  order  the  general  county  fund  to  be  re-imbursed  for 
the  money  raised  for  the  respective  improvements. 

Sec.  4508.  [County  ditch  improvement  fund  created.]  There 
shall  be  and  is  hereby  constituted  a  county  general  ditch  improvement 
fund,  to  consist  of  taxes  collected  on  county  and  township  levies,  and  all 
balances  remaining  unexpended  of  special  ditch  improvement  funds,  aris- 
ing from  excess  of  assessments  made  on  ditch  improvements  after  the 
expenses  thereof  have  been  fully  paid. 

Sec.  4509.  [Penalties  for  obstructing  ditches;  duty  of  county 
commissioners.]      Whoever  obstructs  any  ditch,  or  refuses  or  neglects 


102  LAWS   RELATING   TO   AGRICULTURE. 

to  remove  any  obstruction  heretofore  by  such  person  or  persons  placed 
in  any  ditch,  or  being  the  owner  of  any  lands-  through  which  any  ditch 
passes,  obstructs,  or  permits  such  ditch  to  become  obstructed,  or  diverts 
the  water  from  its  proper  channel,  shall  forfeit  and  pay  to  the  county 
in  which  such  ditch  is  situated,  the  sum  of  twenty-five  dollars,  to  be  re- 
covered before  any  justice  of  the  peace  or  other  court  having  jurisdiction 
of  the  matter,  in  the  name  of  the  state  of  Ohio  for  the  use  of  said  county., 
which  action  maybe  instituted  and  prosecuted  by  the  commissioners  of  such 
county,  or  any  citizen  thereof,  or  by  any  person  whose  lands  shall  [have] 
been  assessed  for  the  construction  of  such  ditch,  and  shall  also  be  liable 
for  all  damages  that  may  accrue  to  any  person,  persons  or  corporation 
by  reason  of  such  obstruction,  and  each  day  that  such  obstruction  shall 
be  permitted  to  remain  in  such  ditch  after  the  person  or  persons  who 
placed  the  same  therein  shall  have  had  ten  days'  notice  to  remove  the 
same,  either  by  the  county  commissioners  of  said  county,  the  engineer  in 
charge,  of  said  ditch,  or  by  any  person  whose  lands  have  been  assessed _ 
for  the  construction  or  improvement  of  such  ditch,  shall  constitute  a 
separate  offense  under  this  section,  and  subject  such  offender  to  a  penalty 
of  twenty-five  dollars  for  each  such  offense,  to  be  recovered  in  the  man- 
ner hereinabove  provided.  And  on  failure  of  such  person  or  persons 
to  remove  such  obstructions  forthwith  upon  being  notified  as  aforesaid, 
it  shall  be  the  duty  of  the  board  of  county  commissioners  of  such  county 
forthwith  to  cause  such  obstructions  to  be  removed,  and  charge  the  ex- 
pense thereof  to  such  person  or  persons,  and  collect  the  same  from  such' 
person  or  persons  by  action  in  the  name  of  said  board  of  county  com- 
missioners. 

Sec.  4510.  [When  county  commissioners  may  cause  ditch,  etc., 
to  be  altered  or  repaired;  expense  of,  how  apportioned.]  The  county 
commissioners  on  application  of  one  or  more  freeholders  actually  bene- 
fited, shall  have  power  in  case  the  township  trustees  refuse  to  act  as  pro- 
vided for  in  section  four  thousand  five  hundred  and  fifty-tzvo  of  the  Re- 
vised Statutes  of  Ohio,  as  amended  February  10,  1883  (O.  L.,  vol.  80, 
page  15),  to  cause  any  ditch  or  ditches,  or  any  part  or  parts  thereof, 
located  and  constructed  under  any  law  or  laws,  or  any  part  of  any  creek, 
river  or  run  that  has  been  straightened,  widened,  deepened,  or  changed, 
under  the  provisions  of  this  act,  to  be  altered,  deepened,  widened,  enlarged,, 
repaired,  boxed  or  tiled;  and  the  same  proceedings  shall  be  had,  so  far 
as  applicable,  as  is  or  would  be  required  in  the  location  or  construction 
of  the  same  by  said  commissioners.  And  in  all  cases  the  expenses  thereof 
shall  be  apportioned  in  the  same  manner  as  is  provided  in  the  original 
construction  of  the  improvement  by  them  ordered  to  be  made ;  and  the 
provisions  of  this  chapter  shall  apply  to  ditch  improvement  petitioned 
for,  located  or  in  process  of  construction  at  the  time  the  same  takes  effect, 

DITCH   IN    MORE  THAN   ONE   COUNTY. 
See  also  §  4488. 

[Sec]  4510-1.  [Sec  I.]  [Duty  of  commissioners  as  to  certain 
ditches.]  In  all  cases  where  the  commissioners  of  any  county  in  this 
state  shall  cause  to  be  constructed  or  enlarged,  or  cleaned,  or  repaired, 
any  ditch,  drain  or  watercourse,  the  water  from  which  flows  into  an: 
adjoining  county  or  into  or  finds  an  outlet  in  any  ditch,  drain  or  water- 
course constructed  or  being  constructed  in  an  adjoining  county,  and  iir 
all  cases  where  the  commissioners  of  any  county  in  this  state  shall  cause 
to  be  constructed,  enlarged,  cleaned  out  or  repaired,  any  ditch,  drain  orr 


LAWS   RELATING   TO   AGRICULTURE.  103 

watercourse,  which  is  or  may  be  an  outlet  for  any  ditch,  drain  or  water- 
course, of  lands  of  an  upper  county,  or  which,  by  reason  of  any  proposed 
improvement  thereof,  will  provide  better  drainage  or  a  more  sufficient 
outlet  for  any  [ditch]  drain  or  watercourse,  or  lands  of  an  upper-county, 
and  in  all  cases  where  the  commissioners  of  any  county  in  this  state  find 
it  necessary  to  construct,  or  enlarge,  or  widen,  or  deepen,  or  clean  out, 
any  ditch,  drain  or  watercourse  of  a  lower  county  in  order  to  secure  a 
sufficient  and  proper  outlet  for  a  proposed  ditch,  drain  or  watercourse  of 
an  upper  county,  the  commissioners  of  such  upper  county  shall  pay  the 
commissioners  of  such  lower  county  such  sum  as  may  be  agreed  upon  by 
the  commissioners  of  both  counties,  for  the  use  and  benefit  of  such 
outlet,  which  sum  the  commissioners  of  said  upper  county  shall  apportion 
to  the  lands  in  their  county,  for  whose  benefit  said  ditch  was,  or  is  con- 
structed, but  before  any  work  shall  be  begun  in  the  construction,  enlarg- 
ing, cleaning  out,  or  repairing  of  any  ditch,  drain,  or  watercourse  in  either 
of  said  counties,  the  amount  to  be  paid  by  the  commissioners  of  the  said 
upper  county  to  the  commissioners  of  said  lower  county  for  the  use  and 
benefit  or  burden  of  such  outlet,  shall  be  wholly  agreed  upon  or  deter- 
mined, the  sum  which  the  commissioners  of  said  upper  county  shall  pay 
to  the  commissioners  of  said  lower  county  shall  be  determined  at  a  joint 
meeting  of  the  commissioners  of  the  said  upper  and  lower  counties,  upon 
the  line,  or  proposed  line  of  said  ditch,  drain  or  watercourse,  and  the 
refusal  of  a  majority  of  the  board  of  commissioners  of  either  of  said 
counties  to  agree,  or  failure  by  them  to  meet,  act,  or  take  part  in  a  meet- 
ing with  the  commissioners  of  the  other  county,  upon  ten  days'  notice  by 
the  commissioners  of  either  of  the  said  counties  upon  the  commissioners 
of  the  other  county,  to  determine  what  sum  the  commissioners  of  said 
upper  county  should  pay  the  commissioners  of  said  lower  county,  shall 
be  prima  facie  evidence  of  their  failure  to  agree  or  pay,  and  ditches, 
drains  or  watercourses  which  provide  drainage,  or  when  constructed 
will  provide  drainage  for  lands  in  more  than  one  county,  may  be  con- 
structed, enlarged,  cleaned  out  or  repaired,  as  provided  in  this  act,  and 
the  laws  prescribed  for  constructing,  enlarging,  cleaning  out  or  repairing 
single  county  ditches,  drains  or  watercourses. 

See  also  §  4488. 

[Sec]  4510-2.  [Sec.  2.]  [Proceedings  on  failure  to  agree  or 
pay.]  On  failure  to  agree  or  pay,  as  provided  in  the  preceding  sec- 
tion, the  commissioners  of  either  of  said  counties  may  commence  in  the 
probate  court  of  either  of  said  counties  within  twenty  days  of  the  meet- 
ing mentioned  in  the  preceding  paragraph,  their  action  against  the  com- 
missioners so  failing  to  agree  or  refusing  to  pay,  setting  forth  the  fact 
that  proceedings  have  been  begun  for  any  such  improvement,  and  the 
reason  why  the  commissioners  of  the  upper  county  should  pay  to  the 
commissioners  of  a  lower  county,  a  compensation  for  such  outlet,  or  pro- 
posed outlet,  and  the  failure  to  agree  or  pay,  as  provided  in  the  preceding 
paragraph,  and  praying  for  the  relief  herein  (after)  provided  for.  Said 
probate  court,  before  whom  said  action  is  commenced,  shall,  within  ten 
days  after  the  filing  of  a  petition  setting  forth  the  above  facts,  issue  a 
summons  directed  to  the  sheriff  of  the  other  of  said  counties,  who  shall 
be  commanded  therein  to  notify  the  president  of  the  board  of  commis- 
sioners of  said  other  county,  that  an  action  has  been  commenced  in  ac- 
cordance with  section  2,  4510-2,  of  this  act.  Said  summons  shall  con- 
tain a  copy  of  the  petition,  and  the  time  and  place  of  hearing,  be  served 


104  LAWS    RELATING   TO    AGRICULTURE. 

and  returned  as  in  other  cases,  and  such  service  shall  be  not  less  than  ten 
days  before  the  day  of  hearing.  Proceedings  after  service  and  return 
shall  be  the  same  as  in  other  similar  cases,  before  probate  court. 

(4510-3)  Sec.  3.  [Further  proceedings  on  failure  to  agree  or 
pay.]  The  court  being  satisfied  of  the  existence  of  proceedings  for 
any  such  improvement,  and  the  failure  to  agree  or  pay  as  aforesaid, 
shall  appoint  two  disinterested  freeholders,  not  residents  or  owners  of 
real  property,  of  either  of  said  counties,  and  immediately  notify  the 
probate  court  of  the  other  county  interested  in  said  ditch  or  ditch  im- 
provement, who  shall,  in  like  manner,  appoint  two  other  freeholders  not 
residents  or  owners  of  real  property  in  either  county,  and  notify  the 
court  in  which  such  proceedings  were  commenced,  giving  names  and 
postoffice  adress  of  those  appointed,  and  the  said  court  in  which  proceed- 
ings were  commenced  shall,  within  ten  days  thereafter,  notify  said  four 
persons  thus  appointed,  giving  them  full  and  explicit  instructions,  and 
the  time  and  place  of  meeting,  who  shall,  within  thirty  days  thereafter, 
upon  actual  view  cf  the  outlet  ditch,  or  of  the  territory  to  be  drained 
by  any  such  proposed  improvement,  and  of  the  ditch  or  ditches  in  the 
upper  county,  and  of  the  land  to  be  drained  in  the  upper  county,  whose 
waters  flow  into  said  outlet,  or  which  will  flow  into  any  such  proposed 
outlet  or  proposed  improvement  thereof,  estimate  and  report  to  the  court 
the  amount  which  should  justly  be  paid  by  said  upper  county  to  said 
lower  county  for  the  use  and  benefit  of  said  outlet  ditch,  or  for  any 
improvement  thereof,  which  order  of  appointment,  together  with  full  and 
explicit  instructions  to  said  appointees,  shall  be  entered  on  the  journal 
of  said  court,  and  a  copy  thereof  sent  forthwith  by  the  clerk  to  each  of 
said  appointees.  Provided,  that  if  said  board  of  four  freeholders  shall 
not  be  able  to  agree  upon  the  amount  to  be  paid  by  said  upper  county  to 
said  lower  county,  then  they  shall  call  to  their  assistance  one  other  free- 
holder who  shall  not  be  a  resident  or  owner  of  real  property  of  either  of 
said  counties,  and  the  said  five  freeholders  shall  forthwith  proceed  to 
determine  the  amount  of  damages  the  said  upper  county  shall  pay  to 
the  said  lower  county,  and  report  the  same  as  herein  provided. 

(4510-4)  Sec.  4.  [Abandonment  by  commissioners  of  upper 
county.]  The  commissioners  of  the  upper  county  referred  to  in  sec- 
tion three  [§(4510-3)]  of  this  act,  may  abandon  any  such  proposed  im- 
provement, if  in  their  judgment  the  benefits  to  be  derived  from  said 
proposed  improvement  are  not  of  sufficient  value  to  warrant  the  expendi- 
ture of  money  required  for  the  construction  of  said  proposed  improve- 
ment together  with  the  damages  assessed  under  section  three  [§(4510-3)  ] 
of  this  act. 

(4510-5)  Sec.  5.  [Compensation  of  commission.]  The  court 
shall  fix  the  compensation  of  the  appointees  aforesaid,  which  compensa- 
tion shall  be  taxed  as  costs  in  the  case,  and  shall  be  paid  out  of  the  treas- 
ury of  the  county  against  whose  commissioners  the  costs  are  adjudged. 

(4510-6)  Sec.  6.  [Expense;  how  apportioned.]  The  court 
shall  order  the  commissioners  of  the  upper  county  to  apportion  and  assess 
the  amount  mentioned  in  said  report,  together  with  entire  expense  of 
these  proceedings,  to  the  land  in  said  county,  in  the  same  ratio  as  the 
expense  of  constructing  said  ditch  or  ditches  in  sakl  upper  county  was 
apportioned  and  assessed ;  hnd  the  court  shall  further  order  said  com- 
missioners to  cause  the  sums  so  apportioned  to  the  respective  tracts  of 
land  in  said  upper  county  to  be  placed  on  the  special  duplicate  of  said 


LAWS    RELATING    TO    AGRICULTURE.  105 

county  against  such  lands  for  collection.  If  proposed  improvement  be 
abandoned  the  court  shall  order  the  commissioners  of  said  upper  county 
to  pay  the  costs  of  proceedings  under  section  three  [§(4510-3)]  of  this 
act,  said  cost  to  be  apportioned  and  placed  on  the  special  duplicate,  in 
same  manner  that  cost  of  improvement  would  have  been  apportioned  and 
placed  on  the  special  duplicate,  provided  nothing  herein  contained  shall 
be  construed  to  affect  any  existing  litigation. 

(4510-7)  Sec.  7.  [Collection  by  treasurer.]  The  treasurer  of 
said  county  shall  collect  said  sum  as  other  taxes  are  collected,  and  pay 
the  same  to  the  treasurer  of  the  said  adjoining  county,  upon  the  warrant 
of  the  auditor  of  said  county. 

(4510-8)  Sec.  8.  [Outlet  may  be  enlarged  when  necessary.] 
The  funds  so  paid  shall  be  used  in  the  enlargement  of  said  outlet  ditch, 
if  an  enlargement  thereof  be  necessary  on  account  of  the  additional  water 
•emptied  into  it  from  the  upper  county,  or  for  the  construction  of  an  out- 
let ditch  in  the  lower  county  if  none  exists. 

(4510-9)  Sec  9.  [Duty  of  township  trustees.]  Whenever  the 
trustees  of  any  township  shall  construct  a  ditch  which  empties  its  water 
onto  an  adjoining  county,  or  into  any  ditch,  drain  or  watercourse  con- 
structed therein,  the  same  agreement  hereinbefore  provided  for  between 
the  commissioners  of  counties  may  be  made  and  carried  out,  by  and 
between  the  commissioners  of  such  adjoining  county  and  said  trustees, 
and  on  failure  to  make  or  carry  out  such  agreement,  the  commissioners 
of  the  county  upon  or  into  which  said  water  is  emptied,  may  commence 
and  maintain  the  same  proceedings  against  said  trustees  as  are  herein- 
before provided  for  between  the  commissioners  of  adjoining  counties ; 
and  the  funds  to  be  paid  by  such  trustees  to  the  lower  county  shall  be 
assessed  by  said  trustees  and  collected  in  the  manner  now  prescribed  by 
law  for  collecting  assessments  for  constructing  township  ditches. 

(4510-10)  Sec.  10.  [Cleaning  and  repairing.]  All  proceedings 
for  the  construction,  cleaning  out,  repairing  or  enlarging  either  of  said 
ditches,  in  either  the  upper  or  lower  counties,  whether  or  not  the  same 
have  been  originally  constructed  as  joint  ditches  or  whether  or  not  the 
ditch  to  be  constructed  might  be  a  joint  ditch,  may  be  commenced  and 
conducted  in  the  manner  prescribed  by  this  act  and  the  law  prescribed  for 
single  county  ditches ;  but  in  addition  to  the  manner  of  procedure  pre- 
scribed in  this  act  for  the  construction,  enlarging,  cleaning  out  or  re- 
pairing of  any  ditch,  which  furnishes  or  may  furnish  drainage  for 
more  than  one  county,  proceedings  shall  be  commenced  and  conducted 
in  the  manner  prescribed  by  law  for  the  construction  of  joint  ditches, 
whenever  a  majority  of  each  board  of  commissioners  of  such  counties 
shall  so  agree ;  but  in  all  cases  where  such  commissioners  do  not  agree  or 
<letermine  to  proceed  under  the  laws  for  the  construction  of  joint  ditches, 
and  the  board  of  commissioners  of  said  lower  county  unanimously  agree 
that  such  improvement  is  necessary  or  will  be  conducive  to  the  public 
"health,  convenience  or  welfare,  and  the  line  described  in  [is]  the  best 
route,  then  all  such  proceedings  in  reference  thereto,*  shall  be  conducted 
as  provided  by  this  act  and  the  laws  for  single  county  ditches.  Such 
proceedings  to  be  conducted  by  the  commissioners  of  said  lower  county. 

(4510-11)  [Cleaning,  repairing  or  enlarging  joint  county  ditch; 
how  cost  of  apportioned.]  When  a  ditch  needs  to  be  cleaned  out,  re- 
naned   or  enlarged  which  has  been   located   in  more  than   one   county, 


106  LAWS    RELATING   TO    AGRICULTURE. 

any  owner  of  any  lot  or  tract  of  land  which  was  assessed  for  its  con- 
struction, may  make  a  statement  to  the  county  commissioners,  of  either 
of  said  counties,  in  writing,  setting  forth  such  necessity,  and  the  com- 
missioners shall  forthwith  appoint  a  disinterested  freeholder  of  the  county 
or  an  engineer,  to  examine  the  ditch,  whose  compensation  shall  be  as 
in  other  cases,  and  who  shall  be  sworn  to  go  upon  the  line  thereof  and 
carefully  make  such  examination,  and  make  an  estimate  of  the  amount 
of  work  to  be  done  and  the  amount  of  money  required  therefor,  and 
fix  the  portion  thereof  that  the  owner  of  each  lot  or  tract  of  land,  and 
each  corporation,  county  or  township  assessed  for  the  construction  of 
the  ditch  or  that  may  be  benefited  by  such  cleaning  out,  repairing  or 
enlarging  of  the  ditch,  should  be  assessed  for  such  improvement;  and 
such  assessment  shall  be  made  according  to  benefits,  unless  the  neces- 
sity for  the  improvement  arose  from  the  acts  or  neglect  of  any  land- 
owner or  corporation,  in  which  case  such  act  or  neglect  shall  be  con- 
sidered. Such  freeholder,  or  engineer  shall  return  'his  estimate  and 
assessments  to  the  aforesaid  commissioners  in  writing,  whereupon  said 
commissioners  shall  notify  the  commissioners  of  any  other  county  in- 
terested in  said  action,  and  furnish  to  them  a  copy  of  said  estimate  and 
assessments,  and  it  shall  be  the  duty  of  the  commissioners  of  the  said 
counties  to  appoint  a  day  for  hearing  the  same  in  joint  session,  and  di- 
rect a  like  notice  to  be  given  to  all  land  and  lot  owners  and  corpora- 
tions affected  thereby,  as  is  provided  in  case  of  the  apportionment  in 
the  construction  of  a  like  ditch  when  they  may  make  such  changes  therein 
as  they  may  deem  right  and  proper.  They  shall  enter  upon  their  journals 
the  assessments  as  approved  by  them,  and  the  auditors  of  the  said  coun- 
ties shall  place  the  same  upon  the  duplicate  against  the  lands  upon  which 
they  are  assessed,  to  be  collected  as  other  taxes ;  the  work  to  be  done 
shall  be  advertised,  sold  and  let  and  the  contracts  thereof  performed  as 
provided  in  the  construction  of  a  like  ditch,  and  the  contractor  shall 
be  paid  by  the  warrant  of  the  proper  auditor  on  the  county  treasurer 
out  of  the  assessments  so  made,  and  paid  upon  certificate  of  such  free- 
holder or  engineer,  that  he  has  performed  his  contract ;  but  if,  at  the 
presentation  of  any  certificate,  all  the  assessments  have  not  been  paid, 
payment  shall  be  made  thereon  pro  rata. 

UNDER-GROUND    DRAIN. 

(4510-12)  Sec.  t.  [Outlet  for  underground  drain.]  When 
ever  it  becomes  necessary  to  enter  upon  the  lands  of  another  to  secure 
an  outlet  to  an  under-ground  drain  or  ditch,  the  person  so  entering 
upon  the  lands  of  another  shall  be  required  to  continue  said  under-ground 
drain  to  such  place  for  an  outlet  as  shall  not  damage  said  lands  by  the 
water  emptying  upon  the  same. 

(4510-13)  Sec.  2.  [Payment  of  costs  according  to  benefits.] 
That  whenever  such  under-ground  drain  becomes  a  benefit  to  the  owner 
of  such  lands  through  which  it  passes,  he  may  be  required  to  pay  a  rea- 
sonable share  of  the  cost  of  drain  upon  said  premises,  and  be  permitted 
to  use  the  same  as  an  outlet  for  such  drains  as  he  may  see  fit  to  make. 

(4510-14)  Sec.  3.  [Township  trustees  to  locate  drain  when 
property-owners  can  not  agree.  1  That  when  the  parties  or  owners 
of  land  to  be  thus  drained,  fail  to  agree  as  to  location  of  under-ground 
drain,  and  the  amount  to  be  paid  by  each,  the  trustees  of  said  township 
or  townships  shall  locate  said  under-ground  drain,  specify  size  and  quality 


LAWS    RELATING   TO   AGRICULTURE.  107 

of  tile  or  other  material  to  be  used ;  specify  the  depth  at  which  the 
same  shall  be  placed;  apportion  the  expense  of  constructing  the  same- 
among  the  parties  interested ;  see  that  such  under-ground  drain  is  properly 
completed;  provided,  if  the  trustees  deem  it  best,  they  may  proceed  under' 
existing  laws  for  the  construction  of  township  ditches,  to  perform  the* 
duties  required  of  them  by  this  act,  and  upon  the  failure  or  refusal  of 
either  party  to  pay  the  amount  of  said  expense  as  determined  by  such- 
trustees,  the  other  party  may  bring  action  therefor  before  any  justice- 
of  the  peace  of  said  township,  and  pursue  the  same  to  judgment  andi 
execution. 

(4510-15)  Sec.  4.  [Damages  to  crops.]  That  in  the  construc- 
tion of  such  under-ground  drain  upon  the  lands  of  another,  the  person 
so  entering  to  construct  the  same  shall  be  liable  for  all  damages  to  crops. 

(4510-16)  Sec.  5.  [ Ditches  along  public  highways  shall  be  kept 
open.]  That  ditches  and  water-courses  upon  the  public  highways  into- 
which  such  under-ground  drains  empty,  shall  be  kept  open  by  the  su- 
pervisor of  such  public  highways,  to  a  depth  sufficient  for  the  proper 
drainage  of  such  highways. 

SINK-HOLES  AND  FISSURES. 

(4510-18)  Sec.  1.  [Sink-holes,  etc.,  may  be  opened,  etc.]  The 
commissioners  of  any  county  and  the  trustees  of  any  township  may,  as 
hereinafter  provided,  at  any  regular  or  called  session  of  their  respec- 
tive boards,  cause  to  be  opened,  enlarged,  widened,  altered,  deepened 
and  walled  up  and  protected,  any  sink-hole  or  fissure,  break  or  opening 
in  the  earth  or  rock  thereof,  situate  in  their  respective  county  or  town- 
ship, that  may  be  used  as  the  outlet  from  any  ditch,  drain  or  water- 
course, whether  such  ditch,  drain  or  water-course  was  located  and  con- 
structed according  to  law,  or  otherwise,  when  the  same  is  necessary  to 
drain  any  lots,  lands,  public  or  corporate  road  or  railroad,  and  is  or 
will  be  conducive  to  the  public  health,  convenience  or  welfare. 

(4510-19)  Sec.  2.  [Application  for;  how  made.]  Application 
for  any  such  improvement  shall  be  made  to  the  commissioners  of  the 
county  or  to  the  trustees  of  the  township,  in  writing,  signed  by  one  or 
more  owners  of  lots  or  lands  drained  by  such  ditch,  drain  or  water- 
course, into  such  sink-hole,  fissure,  break  or  opening  in  the  earth  or 
rock  thereof,  and  shall  be  filed  with  the  auditor  of  the  county  if  to 
the  commissioners,  and  with  the  township  clerk  if  to  the  trustees,  and 
shall  set  forth  the  necessity  of  the  improvement  and  describe  the  lo- 
cation of  the  sink-hole,  fissure,  break  or  opening  in  the  earth  or  rock 
thereof,  sought  to  be  improved,  and  the  route  of  the  ditch,  drain  or 
water-course  there  terminating  and  emptying  therein ;  and  there  shall 
be  filed  therewith  a  bond  payable  to  the  state,  with  at  least  two  suffi- 
cient sureties,  in  not  less  than  one  hundred  dollars,  conditioned  for  the 
payment  of  all  costs,  if  the  prayer  of  the  petition  be  not  granted,  or  be 
dismissed  for  cause. 

(4510-20)  Sec.  3.  [Commissioners  or  trustees  to  determine 
whether  improvement  necesary.]  If  the  bond  be  approved  by  the  au- 
ditor or  clerk,  as  the  case  may  be,  he  shall  immediately  deliver  a  copy 
of  the  petition  to  the  commissioners  or  trustees,  as  the  case  may  be,  who 
shall  thereupon  take  to  their  assistance  a  competent  surveyor  or  engi- 
neer, if  in  their  opinion  his  services  are  necessary,  and  at  once  proceed 


108  LAWS    RELATING   TO   AGRICULTURE. 

to  view  the  line  of  such  ditch,  drain  or  water-course,  and  the  sink-hole, 
fissure,  break  or  opening  in  the  earth  or  rock  thereof,  sought  to  be  im- 
proved, and  determine  by  actual  view  whether  the  improvement  is  nec- 
essary or  will  be  conducive  to  the  public  health,  convenience  or  welfare : 
and  they  shall,  report  their  finding  in  writing,  and  the  auditor  or  clerk, 
as  the  case  may  be,  shall  enter  the  same  on  their  journal. 

(4510-21)  Sec.  4.  [Proceedings  if  finding  for  or  against;  report, 
estimate,  and  plat  to  be  filed  by  engineer.  J  If  the  finding  be  against 
the  improvement,  they  shall  dismiss  the  petition  and  proceedings  at  the 
costs  of  the  petitioners ;  but  if  they  find  for  the  improvement  they  shall 
cause  to  be  entered  on  their  journal  an  order  directing  the  county 
surveyor  or  engineer  to  go  to  the  sink-hole,  fissure,  break  or  opening 
in  the  earth  or  rock  thereof,  sought  to  be  improved,  and  survey  and 
level  the  same,  and  also  survey  and  level  the  ditch,  drain  or  water- 
course draining  therein,  and  make  a  report,  profile  and  plat  of  the  same, 
and  estimate  the  number  of  cubic  yards  of  earth  or  other  substance  to 
be  removed,  and  the  costs  per  cubic  yard,  and  the  costs  of  walling  up 
any  excavation  that  may,  in  his  opinion,  be  necessary  to  make;  and 
they  shall  also,  by  their  order,  direct  the  surveyor  or  engineer  to  make 
and  return  a  schedule  of  all  lots  and  lands  and  public  and  private  and 
corporate  roads  or  railroads,  the  surface  waters  of  which  flow  and  drain 
into  such  ditch,  drain  or  water-course,  and  are  carried  thereby  to  said 
sink-hole,  fissure,  break  or  opening  in  the  earth  or  the  rock  thereof, 
and  an  estimate  of  the  percentage  of  the  costs  and  expense  of  making 
said  improvement  that  should  be  assessed  to  each  owner  of  land  and 
public  and  private  corporation  and  county  and  township  by  reason  of 
the  flow  of  water  as  aforesaid,  of  the  whole  amount  of  the  costs  and 
expense  necessary  to  make  said  improvement,  and  such  surveyor  or  en- 
gineer shall  file  said  plat,  profile  and  estimates  and  report  with  the  au- 
ditor or  clerk,  as  the  case  may  be,  within  twenty  days  of  the  date  of 
said  order. 

(4510-22)  Sec.  5.  [Auditor  or  clerk  to  fix  day  for  hearing,  and 
give  notice  of;  notice  to  non-resident  by  publication.]  Upon  the 
filing  of  the  report  of  the  surveyor  or  engineer,  the  auditor  or  clerk,  as 
the  case  may  be,  shall,  without  delay,  fix  a  day  for  the  hearing  of  the 
same ;  he  shall  prepare  and  deliver  to  the  petitioners,  or  any  one  of 
them,  a  notice  in  writing,  directed  to  the  resident  lot  or  landowners, 
and  the  authorities  of  municipal  or  private  corporations  affected  by  the 
improvement,  setting  forth  the  pendency,  substance  and  prayer  of  the 
petition,  together  with  a  tabular  statement  of  the  percentage  of  the  whole 
costs  and  expenses  that  should  be  assessed  to  each  owner  of  land  and 
public  and  private  corporation,  as  reported  by  the  surveyor  or  engineer, 
a  copy  of  which  notice  shall  be  served  upon  each  lot  or  land  owner,  and 
upon  an  officer  or  agent  of  such  private  corporation,  and  upon  each 
member  of  the  board  of  commissioners  or  trustees  of  townships,  at  least 
eight  days  before  the  day  set  for  such  hearing,  and  the  person  who 
makes  such  service,  shall  return  the  same  to  the  auditor  or  clerk,  on  or 
before  the  day  set  for  hearing,  and  return  his  doings  thereunder,  under 
oath,  and  the  auditor  or  clerk,  as  the  case  may  be,  shall  at  the  same 
time  give  like  notice  to  each  non-resident  of  the  county,  lot  or  land- 
owner, by  publication  in  a  newspaper  printed  and  of  general  circulation 
in  the  county,  for  at  least  two  consecutive  weeks  before  the  dav  set  for 
the  hearing,  which  notice  shall  be  verified  by  the  affidavit  of  the  printer 


LAWS    RELATING    TO    AGRICULTURE.  109 

or  other  person  knowing  the  fact,  and  filed  with  the  auditor  or  clerk, 
as  the  case  may  be,  on  or  before  that  day. 

(4510-23)  Sec.  6.  [Public  or  corporate  road  to  be  assessed  if 
benefited.]  When  the  improvement  will  benefit  any  public  or  "corpor- 
ate road,  or  if  the  water  from  any  such  road  will  drain  therein,  there 
shall  be  assesed  to  the  county,  if  a  county  road,  state  road  or  free  turn- 
pike, to  the  township  of  [if]  a  township  road,  or  to  a  corporation  if  a 
corporate  road  or  railroad,  a  proper  share  and  percentage  of  the  whole 
costs  and  expense  thereof. 

(4510-24)  Sec  7.  [Meeting  for  hearing;  proceedings.]  The 
county  commissioners,  in  case  the  proceeding  is  before  the  commis- 
sioners, shall  meet  at  the  auditor's  office  on  the  day  fixed  for  the  hearing 
by  the  auditor,  and  in  case  the  proceeding  be  before  the  township  trus- 
tees, then  said  trustees  shall  meet  at  the  office  of  the  township  clerk  on 
the  day  fixed  for  the  hearing  by  the  clerk,  and  shall  first  determine 
whether  the  required  notice  has  been  given;  if  they  find  that  due  notice 
has  not  been  given,  they  shall  continue  the  hearing  to  a  day  to  be  fixecf 
by  them  and  order  the  notices  to  be  served  as  hereinbefore  provided, 
and  when  they  find  that  due  notice  has  been  given,  they  shall  examine 
the  report  of  the  surveyor  or  engineer  and  the  apportionment  by  him 
made,  and  ij  it  is  in  all  respects  fair  and  just,  they  shall  approve  and 
confirm  the  same. 

(4510-25)  Sec.  8.  [Report  of  engineer  may  be  amended;  may 
adjourn  hearing.]  If  the  commissioners  or  trustees,  as  the  case  may 
be,  find  that  the  apportionment  reported  by  the  surveyor  or  engineer 
is  unfair  and  unjust  and  ought  not  to  be  confirmed,  they  shall  so  order 
and  amend  it  as  to  make  it  fair  and  just;  and  if  in  their  opinion  it  is 
necessary,  they  may  adjourn  the  further  hearing  not  exceeding  twenty 
days,  to  a  day  to  be  fixed  by  them,  and  go  upon  the  premises  and,  by 
actual  view,  apportion  the  entire  costs  of  location  and  excavation  and 
construction  or  any  part  thereof,  as  may  seem  just  and  proper,  and  on 
the  day  so  fixed  they  shall  again  meet  and  determine  the  apportionment, 

(4510-26)  Sec  9.  [Assessments  according  to  benefits.]  All 
lots  and  lands  and  public  and  private  roads  and  railroads  shall  be  as- 
sessed in  accordance  with  benefits,  and  if  the  surface  water  from  the 
same  flow  into  such  sink-hole,  fissure,  break  or  opening  in  the  earth, 
or  the  rock  thereof,  through  any  ditch,  drain  or  water-course  or  natural 
channel,  the  same  shall  be  considered  benefited  by  such  improvement, 
and  shall  be  assessed  therefor. 

(4510-27)  Sec  to.  [Compensation  and  damages.]  Applica- 
tion for  compensation  and  damages  may  be  made,  and  if  made  in  pro- 
ceedings before  the  commissioners,  like  proceedings  shall  be  had  thereon 
as  are  had  in  proceedings  before  them  in  the  location  and  establishment 
of  ditches,  drains  and  water-courses,  and  shall  be  governed  by  the  laws 
then  in  force  governing  such  proceedings,  and  if  made  in  proceedings 
before  the  township  trustees,  like  proceedings  shall  be  had  thereon  as 
are  had  in  proceedings  before  them  in  the  location  and  establishment  of 
ditches,  drains  and  water-courses,  and  shall  be  governed  by  the  laws 
then  in  force  governing  such  proceedings. 

(4510-28)  Sec  11.  [Proceedings  in  case  of  appeal;  public  sale 
of  work;  contracts  and  bonds.]  In  cases  where  appeals  have  been 
taken  after  the  transcript  of  the  proceedings  before  the  probate  judge, 


110  LAWS    RELATING    TO    AGRICULTURE. 

and  all  other  papers  in  the  case  are  returned  to  the  auditor's  office  or 
clerk's  office,  as  the  case  may  be,  the  commissioners  or  trustees,  as  the 
case  may  be,  shall  cause  such  entry  to  be  made  on  their  journal  as  may 
be  necessary  to  give  effect  to  the  verdict  and  findings  of  the  jury,  and 
as  such  cases  and  in  cases  where  no  appeals  have  been  taken,  they  shall 
fix  a  time  for  the  sale  of  the  construction  and  excavation  of  the  improve- 
ment and  walling  up  the  same  at  public  outcry,  and  shall  cause  notice 
to  be  given  of  the  time  and  place  of  sale,  and  direct  the  surveyor  or 
engineer,  or  other  competent  person,  to  attend  at  the  time  and  place 
of  sale  to  superintend,  and  conduct  the  same,  who  shall  receive  all  bids 
and  make  contract  with  the  lowest  responsible  bidder,  and  take  good  and 
sufficient  bonds  for  the  labor  of  constructing  and  excavating  the  im- 
provement ;  all  contracts  to  be  let  by  the  cubic  yard  for  excavating,  and 
by  the  perch  for  masonry,  and  no  contract  shall  be  entertained  which 
exceeds  the  estimated  value  as  reported  by  the  surveyor  or  engineer; 
and  the  person  so  conducting  said  sale  shall  immediately  deliver  all 
bonds  and  contracts  taken  by  him  to  the  auditor  or  clerk,  as  the  case 
may  be,  which  contracts  and  bonds  shall  first  be  approved  by  the  com-, 
missioners  or  trustees,  as  the  case  may  be,  before  they  become  binding 
upon  them ;  and  the  contractor  shall  be  liable  on  his  bond  so  given  for 
all  delavs  after  the  expiration  of  the  time  named  therein  for  the  com- 
pletion of  his  job,  and  for  all  the  payment  of  all  damages  which  accrue 
by  reason  of  the  failure  to  complete  the  job  within  the  time  required  by 
the  contract  therefor. 

(4510-29)  Sec.  12.  [Work;  how  done  and  paid  for.]  The  work 
shall  be  done  under  the  supervision  of  a  competent  surveyor  or  engineer, 
who  shall  give  to  the  contractor  a  certificate  therefor  when  completed, 
showing  the  amount  which  the  contractor  is  entitled  to  be  paid  by  the 
terms  of  his  contract,  and  the  auditor  or  clerk,  as  the  case  may  be,  shall, 
upon  presentation  of  said  certificate,  draw  his  warrant  upon  the  treasurer 
of  the  county,  if  the  proceedings  were  before  the  commissioners,  and 
upon  the  treasurer  of  the  township,  if  before  the  trustees,  for  the  amount, 
and  the  treasurer  shall  pay  the  same  out  of  any  funds  in  the  treasury 
applicable  to  such  purpose. 

(4510-30)  Sec  13.  [Proceedings  when  contract  not  complied 
with.]  A  job  not  completed  within  the  time  fixed  in  the  contract  and 
bond  may  be  re-estimated  by  the  surveyor  or  engineer  and  resold  by 
him  to  the  lowest  responsible  bidder,  or  he  may  complete  it  at  the  ex- 
pense of  the  contractor  and  his  bondsmen,  but  such  job  shall  not  be 
resold  for  a  greater  sum  than  such  estimate  or  re-estimate,  nor  a  second 
time  to  the  same  party ;  a  contract  and  bond  shall  be  entered  into  as 
hereinbefore  provided,  but  the  commissioners  or  trustees,  as  the  case 
may  be,  may,  for  good  cause,  give  further  time  to  the  contractor,  not 
exceeding  sixty  clays  ;  the  surveyor  or  engineer  shall  fix  the  time  for  the 
completion  of  the  work  resold,  not  exceeding  sixty  days  from  date  of 
bonds.  A  person  or  corporation  who  has  sustained  damages  in  conse- 
quence of  such  work,  may  bring  suit  for  such  damages  in  any  court  of 
competent  jurisdiction  against  any  contractor  failing  to  perform  his  con- 
tract, and  recover  damages  as  provided  by  law  in  other  cases. 

(4510-31)  Sec.  T4.  [Compensation  and  damages;  how  as- 
sessed; bonds.]  When  the  work  is  let  as  hereinbefore  provided,  and 
the  costs  and  expenses  of  location  and  construction  and  excavation  and 
all  compensation  and  damages  are  ascertained,   the   commissioners  or 


LAWS   RELATING   TO   AGRICULTURE.  Ill 

trustees,  as  the  case  may  be,  shall  meet  and  determine  at  what  time  and 
in  what  number  of  assessments  they  will  require  the  same  to  be  paid, 
and  order  that  the  assessments  so  made  by  them  be  placed  by  the  auditor 
of  the  county  on  the  duplicate  accordingly  against  all  lots  or  lands ^or 
corporate  roads  or  railroads  assessed ;  they  shall  also  determine  whether 
they  shall  issue  bonds  of  the  county  or  township,  as  the  case  may  be, 
to  raise  the  money  necessary  to  pay  such  costs  and  expenses,  and,  if 
they  so  determine,  tiny  may  issue  such  bonds,  and  the  same  shall  be 
issued  for  a  term  of  years,  not  exceeding  ten,  at  a  rate  of  interest  not 
exceeding  six  per  centum  per  annum,  payable  semi-annually,  and  they 
shall  cause  an  entry  to  be  made  on  their  journal,  setting  forth  their 
finding  and  determination  under  this  section. 

(4510-32)  Sec.  15.  [Tax;  how  collected  and  accounted  for.] 
When  the  commissioners  or  trustees,  as  the  case  may  be,  make  an  as- 
sessment, they  shall  cause  an  entry  to  be  made  on  their  journal,  a  certi- 
fied copy  of  which  they  shall  at  once  deliver  to  the  auditor  of  the  county, 
directing  him  to  make  and  furnish  to  the  treasurer  of  the  county  a  special 
duplicate  with  the  assessments  arranged  thereon,  as  required  by  their 
order,  and  the  auditor  shall  retain  a  copy  thereof  in  his  office,  and  all 
assessments  shall  be  collected  and  accounted  for  by  the  treasurer  as 
taxes ;  provided,  that  if  the  same  are  not  paid  in  one  year  they  shall  be 
placed  upon  the  general  duplicate  for  collection  as  delinquent  taxes. 
All  collections  of  money  made  by  the  county  treasurer  on  account  of 
assessments  made  by  township  trustees,  shall  be  paid  by  him  to  the 
treasurer  of  the  township  on  demand. 

(4510-33)  Sec.  16.  [Levy  not  void  for  error.[  The  collection 
of  taxes  or  assessments  levied  or  assessed,  or  ordered  to  be  levied  or 
assessed,  to  pay  for  the  expenses  of  any  improvement  provided  for  in 
this  act,  shall  not  be  perpetually  enjoined  or  declared  absolutely  void  in 
consequence  of  any  error  committed  by  the  engineer  or  surveyor,  or 
county  treasurer  or  township  treasurer,  in  the  proceedings  in  this  act, 
authorized  for  by  reason  of  any  error  or  merely  technical  informality 
appearing  in  the  petition  or  record  of  the  proceedings,  or  by  reason  of 
any  want  of  notice  hereinbefore  provided  for. 

(4510-34)  Sec.  17.  [When  bonds  issue,  assessment  for  costs  and 
interest  must  be  made;  form  of  bond.]  If  the  commissioners  or  trus- 
tees, as  the  case  may  be,  determine  to  issue  the  bonds  of  the  county  or 
township,  as  the  case  may  be,  for  the  necessary  money  to  meet  the  ex- 
penses of  the  construction  of  any -improvement  herein  authorized  and 
provided  for,  they  shall  make  an  assessment  upon  all  lots,  lands,  public 
or  corporate  roads  or  railroads  benefited  by  the  improvement,  or  the 
surface  waters  of  which  flow  and  drain  into  such  sink-hole,  fissure,  break 
or  opening  in  the  earth  or  rock  thereof,  in  proportion  to  the  apportion- 
ment herein  provided  for,  sufficient  to  pay  all  the  costs  and  first-year 
interest,  and  including  the  fees  of  the  surveyor  or  engineer,  made  after 
location,  in  superintending  the  construction  of  the  improvement,  and 
order  the  same  placed  on  the  duplicate  for  collection  as  hereinbefore 
provided,  and  they  shall  thereafter  make  such  assessments  as  may  be 
required  to  raise  the  money  for  the  prompt  payment  of  such  bonds.  All 
bonds  issued  by  the  commissioners  shall  be  signed  by  them  and  counter- 
signed by  the  auditor,  who  shall  affix  his  seal  thereto,  and  all  bonds 
issued  by  the  trustees  shall  be  signed  by  them  and  countersigned  by  the 
township  clerk,  and  no  bond  shall  be  sold  for  less  than  its  par  value ; 


112  LAWS    RELATING    TO    AGRICULTURE. 

and  the  money  arising  therefrom  shall  be   used  for  no  other  purpose 
than  the  construction  and  expense  of  said  improvement. 

(4510-35)  Sec.  18.  [Proceedings  when  ditch,  drain,  etc.,  is 
situated  in  more  than  one  county.]  If  the  ditch,  drain  or  water- 
course, the  outlet  of  which  is  such  sink-hole,  fissure,  break  or  opening 
in  the  earth  or  rock  thereof,  is  situated  in  more  than  one  county,  the 
application  shall  be  made  to  the  commissioners  of  each  of  such  counties, 
and  the  surveyors  or  engineers  of  each  county  shall  make  a  report  for 
each  county.  A  majority  of  the  commissioners  of  each  county,  when 
in  joint  session,  shall  be  competent  to  find  in  favor  of  or  against  said 
improvement,  and  to  do  anything  authorized  by  this  act,  but  no  com- 
missioner or  trustee  shall  serve  in  any  case  in  which  he  is  personally 
interested,  and  any  two  commissioners  or  any  two  trustees,  as  the  case 
may  be,  may  form  a  quorum  for  the  transaction  of  business  under  this 
act  for  their  respective  county  or  township. 

(4510-36)     Sec.   19.      [Penalty  for  failure  to  perform  duty.]      If 

an  engineer,  or  auditor,  clerk,  trustee,  or  commissioner  or  probate  judge 
neglect  or  refuse  to  perform  any  duty  imposed  upon  him  by  the  pro- 
visions of  this  act,  he  shall  forfeit  and  pay  a  fine  of  twenty-five  dollars 
for  every  such  neglect,  to  be  recovered  before  any  officer  having  juris- 
diction, in  the  name  of  the  state,  for  the  benefit  of  the  common  schools 
of  the  county,  at  the  suit  of  the  party  aggrieved  thereby. 

(4510-37)  Sec.  20.  [May  provide  for  cleaning  ditch,  drain,  or 
water-course.]  The  commissioners  of  the  county  or  the  trustees  of 
the  township,  as  the  case  may  be,  may  hear  and  determine  under  the 
same  petition,  the  necessity  of  cleaning  out  any  ditch,  drain  or  water- 
course, the  outlet  of  which  is  such  sink-hole,  fissure,  break  or  opening 
in  the  earth  or  rock  thereof,  sought  to  be  improved,  as  the  necessity 
of  the  case  requires,  and  shall  order  such  entry  to  be  made  in  their  jour- 
nal as  in  their  judgment  is  required.  All  estimates,  either  by  the  sur- 
veyor or  engineer,  or  commissioners  or  trustees,  shall  be  made  in  the 
manner  provided  in  this  act. 

(4510-38)  Sec.  21.  [Fees  for  services,  etc.]  The  fees  for  ser- 
vices rendered  by  county  or  township  officers  under  this  act  shall  be 
the  same  as  those  allowed  by  statute  for  like  services  in  ditch  cases,  and 
the  auditor  or  clerk,  as  the  case  may  be,  shall  keep  a  complete  record, 
in  a  journal  to  be  provided  for  that  purpose,  of  all  proceedings  under 
this  act  before  their  respective  board  of  commissioners  or  trustees. 

JOINT     COUNTY    DITCHES     BETWEEN     COUNTIES    OF    OHIO     AND    THOSE    OF 
OTHER   BORDERING   STATES. 

(4510-39)  Sec.  1.  [Joint  inter-state  county  ditches;  petition; 
bond;  notice  from  official  of  other  state;  order  for  consultation  and 
meeting  to  view  line,]  Whenever  the  commissioners  of  any  county 
of  this  state  shall  find  on  file  with  the  auditor  of  the  county,  a  petition, 
or  copy  of  one,  signed  by  one  or  more  landowners,  whose  lands  would 
be  assessed  for  the  construction  of  the  improvement  prayed  for,  setting 
forth  the  necessity  of  the  location,  deepening  or  -widening  of  any  ditch, 
drain  or  water-course,  for  the  reasons  that  the  same  will  be  of  benefit 
to  the  public  health,  welfare  or  convenience,  and  describing  the  point 
of  beginning,  route 'and  terminus  thereof,  together  with  a  bond,  with 
two  sureties,   approved   by  the  county  auditor,   in  the  amount  of  two 


LAWS   RELATING   TO   AGRICULTURE.  113 

hundred  ($200)  dollars,  payable  to  the  state  of  Ohio,  for  the  use  of  said 
counties,  on  the  conditions  that  the  petitioners,  or  their  bondsmen, 
shall  pay  all  costs  incurred  by  said  county,  by  reason  of  the  view  of  said 
route  petitioned  for,  if  the  prayer  of  said  petition  is  not  granted:,*  ^and 
also,  in  addition  to  said  petition  and  bond,  a  notice  from  the  proper 
official  of  the  county  of  an  adjoining  state,  through  which  the  route  of 
said  improvement  as  described  in  said  petition  would  pass,  setting  forth 
that  the  proper  papers  are  filed,  and  that  the  proper  board  of  that  county 
is  in  readiness  to  act  conjointly  with  them  in  the  location,  deepening 
or  widening  of  said  ditch,  drain  or  water-course,  they  are  hereby  author- 
ized and  empowered  to  instruct  the  auditor  of  their  county  to  consult 
with  the  proper  official  of  the  county  or  counties  so  desiring  to  act 
jointly,  and  to  fix  upon  a  time  when  and  where  they  shall  meet  the 
proper  board  of  said  county,  and  with  them  proceed  to  view  the  line 
of  said  route  prayed  for. 

(4510-40)  Sec.  2.  [Notice  by  county  auditor.]  It  shall  be  the 
duty  of  the  county  auditor,  on  the  filing  of  any  petition  and  bond  as. 
aforesaid,  to  notify  in  writing,  of  the  filing  of  said  petition  and  bond,, 
the  proper  official  of  the  county  of  the  adjoining  state,  and  the  auditor 
of  any  county  of  Ohio  in  which  land  is  situated  which  will  be  affected 
by  the  prayer  of  said  petition,  a  copy  of  each  of  which  shall  be  attached 
thereto. 

(4510-41)  Sec.  3.  [Meeting  and  organization  of  joint  board.] 
Having  received  notice  by  the  county  auditor  of  said  time  and  place  of 
meeting,  the  commissioners  shall  proceed  at  the  time  stated  to  place  of 
meeting  agreed  upon,  and  if  they  find  a  majority  of  each  proper  board 
present,  they  shall  decide  that  they  have  a  quorum  present,  and  shall 
form  themselves  into  a  joint  board  for  the  purpose  before  them,  by 
electing  one  of  their  number  as  president,  and  another  as  clerk ;  pro- 
vided, that  the  president  and  clerk  shall  not  both  be  selected  from  the 
board  representing  the  same  state. 

(4510-42)  Sec.  4.  [Vote  of  Ohio  members.]  Without  regard 
to  number  of  each  board  present,  the  members  from  Ohio  shall  have  the 
casting  of  one-half  ($)  of  all  votes  on  all  questions,  which  vote  shall  be 
represented  equally  by  the  different  members  present  of  the  board  or 
boards  from  Ohio. 

(4510-43)  Sec.  5.  [Adjournment  for  lack  of  quorum.]  If  the 
board  of  the  different  counties  of  the  state,  or  a  quorum  of  the  board 
of  each  county  affected,  fail  to  meet,  they  shall  adjourn  until  such  time 
as  they  shall  receive  notice,  as  provided  in  sections  one  (1)  and  two  (2) 
[§§(4510—39),  (—40)]  of  this  act. 

(4510-44)  Sec.  6.  [View  of  route  petitioned  for;  finding  for 
the  improvement;  locating  on  another  route;  branch  ditches;  finding 
against  the  improvement.]  Having  resolved  themselves  into  a  joint- 
board,  with  the  board  or  boards  of  other  states,  as  provided  for  in  section 
three  [§(4510 — 41)]  of  this  act,  and  having  found  that  a  petition  and 
bond  conditioned,  as  required  by  law  has  been  filed,  they  shall  proceed  to 
view  the  route  petitioned  for ;  and  if  they  find  the  improvement  so  prayed 
for  is  necessary,  and  wfll  be  conducive  to  public  health,  welfare  or  conven- 
ience, and  that  the  route  prayed  for  is  the  best  one  to  accomplish  the  de- 
sired relief,  they  shall  proceed  to  locate  the  ditch,  or  order  the  widening 
or  deepening  of  the  ditch,  drain  or  water-course  in  substantial  conformity 

8     F.   H.   B. 


.114  LAWS   RELATING   TO   AGRICULTURE. 

with  the  prayer  of  said  petition.  But  if,  in  their  opinion,  the  route 
described  is  not  the  best,  they  shall  proceed  to  locate  the  improvement  on 
the  route  best  adapted  to  secure  the  relief  desired,  with  the  best  contingent 
results ;  and  may  locate  all  the  necessary  branch  ditches ;  but  if  they  find 
against  the  location,  deepening  or  widening  of  said  improvement,  no 
further  proceedings  shall  be  had  under  this  petition,  after  said  report,  and 
the  costs  shall  be  collected  of  the  petitioners  and  their  bondsmen. 

(4510-45)  Sec.  7.  [Power  of  joint-board  to  locate.]  The  joint- 
board  shall  have  authority  to  locate  that  part  in  Ohio  of  the  main  ditch, 
or  any  of  its  tributaries,  which  will  lie  partially  in  both  states,  or  which 
will  drain  lands  of  both  states. 

(4510-46)  Sec.  8.  [Employment  of  engineer  to  determine 
proper  route.]  If  the  joint-board  find  it  necessary  to  employ  an  en- 
gineer to  determine  the  proper  route  on  which  the  ditch  or  its  branches 
should  be  located,  they  are  authorized  to  do  so ;  provided,  that  no  engineer 
shall  be  employed  by  the  joint-board  until  the  said  board  have  determined 
that  such  improvement  is  necessary  for  the  public  welfare,  health  or  con- 
venience. 

(4510-47)  Sec.  9.  [Capacity  of  improvement.]  The  joint- 
board  shall  have  power  to  determine  upon  the  necessary  capacity  of  the 
part  of  said  improvement  located  in  the  state  of  Ohio. 

(4510-48)  Sec.  10.  [Adjournments.]  In  their  view  of  route 
and  deliberations  over  the  same,  the  members  of  Ohio  of  the  joint-board 
may  adjourn  from  time  to  time,  not  exceeding  in  the  aggregate  sixty 
(60)  days. 

(4510-49)  Sec.  11.  -  [Report  of  finding  and  proceedings.]  The 
clerk  of  the  joint-board  shall  make  out  a  full  report  of  their  proceedings 
and  findings,  signed  by  himself  and  the  president  of  the  joint-board,  which 
shall  be  read  before  the  said  board.  A  copy  of  this  report  shall  be  sent 
to  the  county  auditor  of  each  county  affected  in  Ohio,  and  to  the  proper 
•officer  of  each  county  affected  in  the  other  state. 

(4510-50)  Sec.  12.  [Engineers  to  locate  ditch.]  After  the  ad- 
journment of  the  joint-board,  if  their  report  is  in  favor  of  the  location, 
the  members  of  said  board  from  Ohio  shall  proceed  to  select  a  competent 
engineer,  to  meet  one  to  be  appointed  by  the  proper  authorities  of  the 
.other  said  state  joining  with  them  in  the  proceedings. 

(4510-51)  Sec.  13.  [Bond.]  It  shall  be  the  duty  of  the  engi- 
neer so  appointed  to  file  a  bond,  with  the  auditor  of  each  county  in  Ohio, 
affected  by  said  improvement,  in  the  sum  of  one  thousand  ($1,000)  dol- 
lars, with  two  approved  sureties  to  the  same,  conditioned  to  the  faithful 
performance  of  his  duties  as  said  engineer. 

(4510-52)  Sec.  14.  [Staking  improvement;  grade  megs  and 
bench-marks.]  The  said  engineer  shall  proceed,  with  the  duly  ap- 
pointed engineer  from  the  adjoining  state  joining  in  the  matter,  to  defin- 
itely mark  out  the  line  of  said  improvement  by  setting  a  stake  at  every 
one  hundred  (100)  lineal  feet,  on  the  line  of  ditch  and  its  branches. 
Each  stake  shall  be  numbered,  beginning  at  head  of  ditch  at  "O,"  and 
numbering  consecutively  to  outlet.  Grade  megs  shall  be  set  at  or  opposite 
such  numbered  stake,  from  which  all  measurements  shall  be  based  and 
permanent  bench  marks  shall  be  established,  on  or  near  line  of  said  ditch, 
at  a  distance  not  greater  than  two  thousand  (2,000)  lineal  feet.  At  each 
angle  a  stake  shall  be  set,  and  witnessed  by  two  permanent  witnesses. 


•LAWS   RELATING   TO   AGRICULTURE.  115 

(4510-53)  Sec.  15.  [Plat  and  profile;  schedules;  list  of  lands 
affected  by  improvement;  estimate  of  cost;  apportionment  of  costs.]. 

Thefy]  shall,  on  all  the  line  of  improvement  within  this  state,  take -all  the 
levels  and  notes  necessary  to,  and  shall  make  a  plat  and  profile  of  all  said 
line;  which  plat  shall  show  the  entire  line  of  said  ditch,  with  all  angles 
accurately  located,  together  with  all  fence,  line,  road  or  rail  crossings, 
together  with  all  lands  or  lots  affected  by  this  improvement,  properly 
and  accurately  located  thereon.  The  profile  shall  show  the  surface  of 
grade  megs,  the  depth  of  old  ditch  or  stream,  and  depth  of  proposed 
improvement  at  each  stake  throughout,  and  the  grade  or  fall  of  the  bottom 
of  proposed  improvement.  The  report  shall  also  include  schedules,  show- 
ing necessary  widths,  top  and  bottom,  and  depth  at  each  stake,  together 
with  the  number  of  cubic  yards  in  each  one  hundred  lineal  feet  of  ditch, 
and  also  the  total  number  of  cubic  yards  so  to  be  excavated  throughout  the 
entire  line  of  said  ditch.  The  report  shall  also  state  the  number  of  acres 
of  land  in  each  state  adjudged  by  them  to  be  affected  by  the  improvement 
and  benefited  thereby,  with  a  list  thereof,  showing  description  and  owner- 
ship as  shown  on  tax  duplicate,  together  with  their  estimate  of  cost  per 
cubic  yard  for  work,  and  their  estimate  of  total  cost  of  construction  of  that 
part  of  ditch  situated  in  each  state,  together  with  an  estimate  of  total 
cost  of  location.  They  shall  also  in  their  report  make  an  apportionment, 
as  they  think  fair  and  just,  of  the  costs  of  location  and  construction 
between  the  two  states. 

(4510-54)  Sec.  16.  [Copy  of  engineers' report.]  A  copy  of  the 
said  report  of  the  engineers,  embracing  all  the  matters  described  within 
and  duly  certified  to  by  each,  shall  be  sent  to  the  proper  official  of  each 
county  affected  in  each  state.     ' 

(4510-55)  Sec.  17.  [Duty  of  auditor  on  receipt  of  report.]  On 
the  receipt  of  the  report  of  the  engineers  as  aforesaid,  the  auditor  shall 
notify  (the  joint  board)  of  the  receipt  of  said  report  as  in  the  case  of 
filing  of  petition  and  bond,  but  need  not  send  a  copy  of  the  report  received. 
And  shall  proceed  as  provided  for  in  sections  one  and  two  [§§(4510 — 39), 
( — 40)]  of  this  act,  to  fix  upon  a  time  and  place  for  the  meeting  of  the 
joint-board.  After  which  he  shall  notify  the  commissioners  of  the  recep- 
tion of  said  report  and  the  time  and  place  of  meeting. 

(4510-56)  Sec.  18.  [Rules  governing  board.]  The  joint-board 
on  assembling,  shall  be  governed  by  the  same  rules  as  provided  elsewhere 
in  this  act.  And  they  may  call  to  their  assistance  the  engineers  who 
located  the  improvement. 

(4510-57)  Sec.  19.  [Amendment  or  approval  of  report;  copy 
of  report;  called  meetings.]  They  shall  approve,  or  amend  and  ap- 
prove, of  the  reports  so  filed  by  the  engineers.  And  the  report  so  ap- 
proved by  them,  shall  be  a  final  division  of  the  estimated  costs  of  con- 
struction, and  the  entire  costs  of  location  between  the  states.  They  shall 
send  a  copy  of  their  report,  duly  certified  to  by  the  president  and  clerk  of 
the  board,  to  the  proper  official  of  each  county  affected  in  the  other  state, 
and  to  the  county  auditor  of  each  county  affected  in  Ohio.  Their  ad- 
journment shall  be  subject  to  a  call  of  the  majority  of  the  members  of 
either  state,  notice  of  which  shall  be  given  as  provided  for  in  preceding 
section. 

(4510-58)  Sec.  20.  [Power  to  enter  upon  lands.]  The  proper 
authorities  in  the  adjoining  state,  joining  with  the  counties  in  Ohio,  are 


116  LAWS    RELATING    TO    AGRICULTURE. 

hereby  authorized  and  granted  the  privilege  of  entering  upon  lands  or 
causing  the  same  to  be  done  in  this  state,  along  any  portion  of  said  located 
ditch  or  its  tributaries,  to  perform  any  work  which  may  be  assigned  them 
to  do  by  the  joint-board  when  in  session,  as  provided  for  in  this  act. 

(4510-59)  Sec.  21.  [Division  of  costs  among  lands  affected.] 
The  commissioners  of  the  county  or  counties  in  Ohio  affected  by  such 
improvement,  shall  proceed  to  order  some  competent  engineer  to  make 
a  division  of  said  costs  of  location  and  construction  so  apportioned  to 
Ohio,  among  the  lands  so  affected  as  named  in  the  list  of  lands  affected, 
submitted  by  report  of  engineers  of  joint-board. 

(4510-60)  Sec.  22.  [Further  proceedings;  assessment  of  lands 
not  contained  in  engineers'  report.]  The  further  proceedings  shall 
be  in  conformity  with  the  existing  statutes  for  the  location  of  county  or 
joint  county  ditches  taken  at  this  stage  of  the  proceedings.  The  com- 
missioners, at  their  hearing  on  the  apportionment  made,  as  provided  in 
section  tzventy  [§(4510-58)]  of  this  act,  shall  have  authority  to  assess 
any  other  lands  not  mentioned  in  first  report  of  engineers,  provided  for 
in  section  sixteen  [§(4510-54)]  of  this  act,  as  they  may  deem  to  be  bene- 
fited thereby ;  provided,  that  the  owners  of  said  lands  shall  have  due 
notice  thereof. 

(4510-61)  Sec  23.  [Work  beyond  state  limits.]  The  commis- 
sioners of  any  county  or  counties  in  this  state,  in  which  are  located  lands 
affected  and  charged  for  the  improvement  or  construction  of  any  ditch, 
drain,  or  watercourse,  under  the  provisions  of  this  act,  are  instructed  to 
cause  to  be  performed  any  work  which  may  be  assigned  to  them  outside 
of  the  limits  of  this  state,  in  the  same  manner  as  under  the  existing  stat- 
utes for  similar  duties ;  provided,  that  the  necessary  privilege  to  do  so 
has  been  granted  by  the  state  legislature  of  the  state  where  said  lands 
are  located  through  which  the  said  work  is  to  be  constructed. 

(4510-62)  Sec  24.  [Fees.]  The  fees  of  all  officials  and  assist- 
ants under  this  act,  shall  be  the  same  as  for  like  services  in  county  ditch 
work. 

(4510-63)  Sec  25.  [Claims  for  compensation,  damages,  etc.] 
All  claims  for  compensation  and  damages  shall  be  filed  with  the  county 
auditor  on  or  before  the  day  of  hearing  on  the  apportionment.  And  all. 
such  claims  allowed,  together  with  costs  of  location  actually  incurred,, 
shall  be  paid  out  of  the  county  fund. 

JOINT   INTERSTATE   COUNTY  DITCHES. 

(4510-64)  Sec  1.  [Joint  interstate  county  ditches;  commis- 
sioners may  enter  into  agreement  for  construction.]  The  commission- 
ers of  any  county  in  this  state,  when  a  petition  is  filed  with  the  auditor 
of  the  county  praying  for  the  location  or  improvement  of  any  ditch,  drain 
or  watercourse  in  such  county,  the  waters  from  which  flow  into  or 
through  an  adjoining  county  in  another  state,  are  of  the  opinion  that 
the  outlet  for  such  proposed  improvement  is  insufficient,  may,  and  they  are 
hereby  authorized  to  enter  into  an  agreement  with  the  commissioners 
or  other  proper  officials  of  such  adjoining  county,  for  the  construction 
or  improvement  of  the  outlet  for  such  ditch,  drain  or  watercourse  by 
such  lower  county,  and  the  payment  by  such  upper  county  to  the  lower 
county  of  such  sum  of  money  as  may  be  agreed  upon  between  said  com- 
missioners and  the  proper  officials  of  the  lower  countv  for  the  construe- 


LAWS   RELATING  TO  AGRICULTURE.  117 

tion  or  improvement  of  such  outlet,  which  amount  shall  be  payable  into 
the  treasury  of  such  lower  county  upon  the  completion  of  the  improve- 
ment of  the  outlet  as  agreed  upon; 

[Assessments.]  And  the  commissioners  of  such  upper  county 
shall  assess  upon  the  lots,  and  lands,  and  public  or  corporate  roads,  or 
railroads,  in  their  county  benefited  by  such  improvement,  the  costs  of 
the  location  and  construction  of  the  same  in  their  county,  together  with 
the  sum  of  money  agreed  to  be  paid  to  such  lower  county  for  the  im- 
provement of  the  outlet  therefor, 

[Bonds.]  And  whenever  in  such  case  the  commissioners  of  such 
upper  county  shall  deem  it  expedient  so  to  do,  they  may  issue  bonds  of 
such  county  to  raise  the  money  necessary  to  pay  such  costs  and  expenses, 
including  the  amount  agreed  to  be  paid  to  such  lower  county,  in  the  man- 
ner providev-  by  section  4479  of  the  Revised  Statutes  of  Ohio. 

(4510-65)  Sec.  2.  [Improvement  of  outlet  of  ditch,  etc.,  in  this 
state;  agreement  by  commissioners.]  Whenever  the  commissioners 
or  other  proper  officials  of  a  county  in  another  state,  adjoining  a  county 
in  this  state,  shall  desire  to  have  the  outlet  for  water  flowing  in  any  ditch, 
drain  or  watercourse  from  such  upper  adjoining  county  into  or  through 
a  lower  county  in  this  state  enlarged  or  improved,  it  shall  be  lawful  for 
the  commissioners  of  such  lower  county  in  this  state  to  enter  into  an 
agreement  with  the  commissioners  or  other  proper  officials  of  such  upper 
adjoining  county  for  the  improvement  of  such  outlet  by  such  lower 
county,  and  the  payment  to  such  lower  county  for  the  benefit  of  such 
improvement,  by  such  upper  county,  of  such  sum  of  money  as  may  be 
agreed  upon  between  said  commissioners  and  the  proper  officials  of  such 
upper  county,  and  in  making  their  assessments  upon  the  lots,  and  lands, 
and  public  or  corporate  roads,  or  railroads,  in  such  lower  county  benefited 
thereby,  the  commissioners  shall  take  into  account  the  amount  to  be 
paid  for  the  benefit  of  such  improvement  by  such  upper  county. 

(4510-66)  Sec.  3.  [Terms  of  agreement  set  forth  on  commis- 
sioners' journal.]  In  all  cases  when  the  commissioners  of  any  county 
in  this  state  shall  enter  into  an  agreement  with  the  commissioners  or  other 
proper  officials  of  an  adjoining  county  in  another  state,  under  the  pro- 
visions of  either  of  the  two  preceding  sections,  they  shall  cause  an  entry 
to  be  placed  upon  their  journal  setting  forth  fully  and  particularly  the 
terms  of  such  agreement,  both  as  to  the  extent  and  nature  of  the  outlet 
to  be  constructed  or  improved,  and  the  time  within  which  the  same  is 
to  be  completed,  and  the  amount  to  be  paid  by  the  upper  county  to  the 
lower  county  for  the  improvement  of  such  outlet,  and  the  time  and  man 
ner  of  payment  of  the  same ; 

[When  general  provisions  govern.]  And  in  all  other  matters 
pertaining  to  the  location  and  construction  of  such  improvement  not 
herein  expressly  provided  for  the  said  commissioners  shall  be  governed 
by  the  provisions  of  law  providing  for  the  location  and  construction  of 
countv  ditches. 


118  LAWS  RELATING  TO  AGRICULTURE. 


TOWNSHIP  DITCHES. 


Sec.  451  i.     [Township    trustees    may    establish    ditches.]     The 

trustees  of  any  township  may,  whenever,  in  their  opinion,  the  same  will 
be  conducive  to  the  public  health,  convenience  or  welfare,  cause  to  be 
established,  located  and  constructed,  as  hereinafter  provided,  any  ditch 
within  such  township,  and  for  that  purpose  may  cross  a  railroad,  turn- 
pike road,  or  do  any  other  thing  necessary  or  proper  to  promote  said 
purpose. 

Sec.  4512.  [Meaning  of  the  words  "ditch"  and  "according  to 
benefits"  in  this  chapter.]  The  word  "ditch"  when  used  in  this  chap- 
ter shall  be  held  to  include  a  drain  or  watercourse,  and  the  petition  for 
any  such  improvement  shall  be  held  to  include  any  side,  lateral,  spur  or 
branch  ditch,  drain  or  watercourse  necessary  to  be  constructed  to  secure 
the  object  of  the  improvement,  whether  the  same  is  mentioned  therein 
or  not ;  and  this  chapter  shall  extend  to  and  include  the  straightening  of 
streams  and  watercourses.  The  words  "according  to  the  benefits"  when 
used  in  this  chapter,  in  directing  township  trustees  to  assess  land  for 
ditches  and  in  directing  engineers  to  report  assessments  for  the  same 
shall  not  be  held  to  authorize  any  assessments  for  benefits  conferred  by 
nature,  nor  the  right  of  easement  of  owners  of  superincumbent  lands  to 
pass  the  waters  therefrom  through  natural  watercourses. 

Sec.  4513.  [The  trustees  may  buy  blanks.]  If  the  trustees  of 
any  township  have  occasion  to  exercise  the  power  conferred  upon  them 
by  this  chapter,  they  shall  authorize  the  clerk  of  such  township  to  pur- 
chase a  sufficient  number  of  printed  blanks  for  all  petitions,  notices,  cer- 
tificates, statements  and  bonds,  which  are  necessary  to  be  filed  or  given, 
and  one  ditch  journal,  to  be  paid  for  out  of  the  township  fund;  but 
nothing  in  this  section  shall  be  taken  to  prevent  the  use  of  written  peti- 
tions, bonds,  certificates,  notices  or  other  papers  provided  for  in  this 
chapter. 

Sec.  4514.  [Petition  for  a  ditch,  and  proceedings  thereon.]  Be- 
fore the  trustees  take  any  action  towards  locating  or  establishing  any  ditch, 
there  shall. be  filed  with  the  township  clerk  a  petition  from  one  or  more 
persons  owning  lands  adjacent  to  the  line  of  the  proposed  ditch,  setting 
forth  the  necessity  of  the  same,  with  a  substatial  description  of  the  pro- 
posed starting  point,  route,  and  terminus,  and  a  bond  with  good  and 
sufficient  sureties  to  the  acceptance  of  the  clerk,  conditioned  to  pay  all 
expenses  incurred  if  the  trustees  refuse  to  grant  the  prayer  of  the  peti- 
tion; and  the  township  clerk  shall  give  notice  to  the  trustees  of  the 
filing  and  pendency  of  the  petition,  and  the  trustees  shall  immediately 
designate  a  time  and  place  when  and  where  they  will  meet  to  hear  the 
petition  and  complete  their  proceedings  thereunder. 

Sec.  4514a.  I  Joint  township  ditches;  application;  surveyor's  re- 
port^ When  a  ditch  or  improvement  is  proposed,  which  will  require 
a  location  in  more  than  one  township,  application  shall  be  made  to  the 
trustees  of  each  of  said  townships,  and  the  surveyor  shall  make  a  report 
for  each  townships 

[Compensation  and  damages;  appeals.]  Application  for  compen- 
sation and  damages  shall  be  made  to  the  joint  board  of  trustees  when  in 
joint  session,  and  appeals  from  the  finding  of  the  trustees  when  in  joint 
session,  locating  and  establishing  such  ditch,  and  from  the  assessment 


LAWS   RELATING   TO   AGRICULTURE. 


11£ 


of  compensation  or  damages  shall  be  taken  to  the  probate  court  of  the 
county  in  the  same  manner  as  appeals  are  now  allowed,  and  if  said  ditch 
or  improvement  is  located  in  more  than  one  county  then  such  appeal-shall 
be  taken  to  the  probate  court  of  the  county  in  which  the  greatest  length 
of  such  ditch  or  improvement  is  located. 

[Notice;  joint  session  of  trustees.]  And  upon  the  filing  of  such 
petition  the  township  clerk  shall  give  notice  to  the  trustees  of  all  the 
townships  through  which  said  ditch  passes,  fixing  a  time  and  place  where 
and  when  such  trustees  shall  meet  in  joint  session,  and  the  trustees  of 
such  townships  shall  meet  in  joint  session  at  the  time  and  place  so 
fixed,  and  a  majority  of  the  trustees  of  each  township,  when  in  joint 
session,  shall  be  competent  to  locate  and  establish  such  ditch  or  im- 
provement, but  no  trustee  shall  serve  in  any  case  in  which  he  is  per- 
sonally interested,  and  all  laws  in  force  as  to  the  location  and  establish 
ment  of  township  ditches  shall  apply  to  the  proceedings  had  by  and 
before  said  joint  board ; 

[Clerk  of  joint  board  and  duties.]  Provided  further,  that  the  said 
joint  board  when  in  session  at  their  first  meeting  upon  said  ditch  shall  select 
one  of  the  clerks  of  such  townships  to  act  as  clerk  of  such  joint  board,  who 
shall  keep  the  record  of  all  proceedings  had  by  said  joint  board  upon 
said  ditch  or  improvement. 

[Laws  applicable  to  joint  township  ditches.]  And,  provided 
further,  that  any  and  all  laws  now  in  force,  or  that  may  be  hereafter  en- 
acted providing  for  the  cleaning  out  of  township  ditches,  shall  be  appli- 
cable to  joint  township  ditches  located  and  established  under  this  act. 

[Cleaning  out  of  ditch;  trustees  to  examine  report.]     And  the 

trustees,  when  in  joint  session  at  their  first  meeting  held  after  a  state- 
ment in  writing  for  the  cleaning  out  has  been  filed,  shall  appoint  one  of 
their  number  from  each  township  through  which  such  joint  ditch  is  estab- 
lished and  located  to  examine  and  report  as  to  the  necessity  of  cleaning 
out  such  joint  ditch,  and  said  trustees  so  appointed  shall  file  their  report 
with  the  clerk  of  such  joint  board,  and  thereupon  such  proceedings 
shall  be  had  as  is  authorized  by  law  for  the  cleaning  out  of  township 
ditches. 

Sec.  4515.  [Notice  to  land-owners  of  filing  the  petition.]  Upon 
the  filing  of  such  petition  and  bond  the  clerk  shall  prepare  the  necessary 
number  of  notices  for  the  petitioner,  who  shall  cause  one  such  notice  to  be 
given  to  the  owner  of  each  tract  of  land  sought  to  be  affected  by  the  pro- 
ceeding ;  the  notice  shall  state  substantially  the  prayer  of  the  petition,  and 
the  time  and  place,  when  and  where  the  same  will  be  for  hearing  by  the 
trustees ;  and  if  any  person,  owning  lands  sought  to  be  affected  by  the 
proceeding,  be  a  non-resident  of  the  county,  the  same  notice  shall  be 
sent  to  Him  by  mail,  if  such  residence  be  known  by  the  clerk,  otherwise 
it  shall  be  published  for  two  consecutive  weeks,  in  some  newspaper  pub- 
lished or  of  general  circulation  in  the  county. 

Sec.  4516.  [When  action  may  bt  urought  on  bond.]  If  the  per- 
sons giving  bond  fail  or  refuse  to  pay  the  costs  and  expenses  when  the 
township  trustees  refuse  to  grant  the  prayer  of  the  petition,  the  trustees 
may  bring -suit  before  any  justice  of  the  peace  in  the  township  upon  the 
bond,  and  collect  all  costs  and  expenses,  with  costs  of  prosecution,  and 
pay  out  the  same  in  conformity  with  the  estimates  made  in  the  case ,  and 
the  ditch  journal  containing  the  record  of  their  proceedings,  or  a  certified 
copy  therefrom,  shall  be  prima  facie  evidence  of  such  indebtedness. 


120  LAWS    RELATING   TO   AGRICULTURE. 

Sec.  4517.  [Proceeding  does  not  abate  by  death  of  party.]  The 
death  of  a  party  in  interest  shall  not  work  an  abatement  of  the  proceed- 
ings, but  the  trustees,  being  notified,  shall  order  the  notice  provided  in 
section  forty-five  hundred  and  fifteen  to  be  given  to  the  person  succeeding 
to  the  right  of  such  deceased  party. 

Sec.  4518.  [Application  for  compensation  and  damages.]  Any 
person  claiming  compensation  for  lands  appropriated  for  the  purpose 
of  constructing  any  such  ditch,  shall  make  his  application  in  writing  there- 
for to  the  clerk  of  the  township,  on  or  before  the  day  appointed  for  hearing 
the  petition,  which  application  shall  be  laid  by  the  clerk  before  the  trustees  ; 
or,  if  the  trustees  should  establish  the  ditch,  or  a  portion  thereof,  on  a 
line  different  from  that  specifically  prescribed  in  the  petition,  so  that  the 
same  shall  pass  through  tracts  of  land  not  described  or  contemplated  by 
the  petition ;  the  owner  of  such  land  may  make  his  application  in  writing 
for  compensation,  at  any  time  before  the  order  of  the  trustees  establishing 
and  locating  the  ditch  is  entered  upon  the  township  record ;  and  on  failure 
to  make  such  application  in  either  case,  such  owner  shall  be  deemed 
and  held  to  have  waived  his  right  to  compensation. 

The  land-owner  is  entitled  to  full  compensation  for  the  land  appropriated,  and 
to  the  damages  to  his  other  lands  from  which  the  appropriation  is  made.  He  is  not 
entitled,  as  a  part  of  the  compensation,  to  the  value  of  a  strip  on  each  side  of  the 
ditch,  not  actually  appropriated;  nor  can  he  have,  as  part  of  his  damages,  the  cost 
of  constructing  such  portion  of  the  ditch  as  the  trustees  apportion  to  him  to  con- 
struct:  Miller  v.  Weber,  1  C  C  130. 

Sec.  4519.  [When  preliminary  steps  have  not  been  taken.]  On 
the  day  set  for  hearing  the  petition,  if  it  appear  to  the  trustees  that  any 
person  who  may  be  interested  in  the  ditch'has  not  been  notified  as  required 
by  this  chapter,  or  that  any  requisite  preliminary  steps  have  not  been  taken, 
they  shall  adjourn  to  some  future  time,  not  exceeding  twenty  days,  and 
order  such  notice  to  be  given,  or  such  preliminary  steps  to  be  taken ;  and 
a  majority  of  the  trustees  shall  be  competent  to  perform  any  of  the  re- 
quirements of  this  chapter. 

Sec.  4520.  [Township  ditches;  duties  of  trustees;  proceedings 
when  they  find  in  favor  of  ditch.]  If  the  trustees  find  that  the  bond 
has  been  filed  and  notice  given,  they  shall  proceed  to  hear  and  determine 
the  petition,  and  shall  view  the  premises  along  the  proposed  route,  and  if 
they  find  such  ditch  to  be  necessary,  and  that  it  will  be  conducive  to  the 
public  health,  convenience,  or  general  welfare,  shall  proceed  to  locate 
and  establish  the  same  in  substantial  conformity  with  the  route  described 
in  the  petition,  or  as  near  thereto  as  in  their  opinion  would  best  answer 
the  purpose ;  and  the  trustees  may  take  to  their  assistance  an  engineer  to 
locate,  level  and  measure  the  course  of  such  ditch,  and  such  other  assist- 
ance as  they  need?  and  may  adjourn  from  day  to  day,  to  complete  their 
report  and  finding,  and  when  their  finding  is  in  favor  of  such  ditch  and 
their  report  filed  with  the  township  clerk,  they  shall  fix  a  day  of  hearing, 
within  ten  days  thereafter  at  the  clerk's  office  in  said  township,  and 
then  and  there  determine  the  complaints  of  any  persons  affected  by  reason 
of  the  location  and  construction  of  said  ditch. 

Sec.  4521.  [Township  ditches;  how  compensation  and  damages 
awarded.]  The  trustes  shall  at  the  same  time  examine  into  and  de- 
termine all  applications  made  to  them  for  compensation,  and  shall  specify 
the  several  amounts,  by  whom  and  to  whom  to  be  paid,  and  the  time  of 
payment,  and  no  order  for  the  opening  or  sale  of  any  ditch  or  any  part 


LAWS   RELATING   TO   AGRICULTURE.  121 

thereof  located  and  established  under  this  chapter  shall  be  made  until 
the  full  amount  of  compensation  for  land  appropriated  shall  have  been 
paid;  and  the  trustees  shall  pay  such  compensation  out  of  the  general 
township  fund  and  apportion  the  aggregate  amount  thereof  equitably 
upon  the  lands  benefitted  by  said  ditch,  and  the  same  shall  be  a  lien 
on  said  lands,  the  same  as  other  taxes,  and  apportionment  shall 
be  certified  by  the  clerk  to  the  county  auditor  within  forty  days  from  such 
payment,  and  placed  upon  the  duplicate  against  the  lands  so  assessed, 
and  collected  in  the  same  manner  as  taxes  are  collected,  and  when  col- 
lected shall  be  paid  over  to  the  township  entitled  thereto,  to  reimburse 
said  general  township  fund,  provided  that  any  landowner  may  pay  the 
amount  assessed  against  his  lands  to  the  township  treasurer  at  any 
time  before  the  same  is  certified  to  the  county  auditor. 

As  to  compensation  for  injury  to  crops  by  constructing  underground  drain, 
see  §  (4510—15). 

Sec.  4522.  [More  than  one  channel  may  be  established.]  If  it 
"become  necessary,  by  reason  of  islands  or  otherwise,  in  the  establish- 
ment of  a  ditch,  to  construct  more  than  one  channel  or  branch  for  the 
flow  or  discharge  of  water,  in  order  to  accomplish  the  ends  and  pur- 
poses for  which  a  ditch  may  be  established  and  constructed,  the  same 
may  be  done  in  one  proceeding  and  under  one  petition  and  the  trustees 
are  authorized  to  make  all  necessary  and  proper  orders  to  effectually 
accomplish  the  same. 

Sec  4523.  [May  order  riprapping  to  be  done.]  If  it  be  found 
necessary  to  protect  any  ditch,  constructed  or  to  be  constructed,  from 
being  washed  out  by  high  water,  freshets,  or  otherwise,  that  any  portion 
of  the  same  shall  be  riprapped  or  otherwise  protected  by  stone  or  timber, 
the  trustees,  in  their  final  order,  may  direct  such  additional  work  to 
be  done,  particularly  describing  its  kind  and  character,  and  the  par- 
ticular places,  and  the  sections  on  which  the  same  shall  be  done,  and  by 
whom. 

Sec  4524.  [Boxing  or  tiling  of  township  ditches.]  At  the  hear- 
ing of  the  petition,  if  any  person,  or  persons,  owning  or  controlling  lands 
through  which  the  ditch  will  pass,  make  a  written  request  to  the  trustees 
for  a  box,  or  tile  ditch  through  their  lands,  the  trustees  shall,  if  they 
deem  the  same  practicable  and  equally  beneficial,  grant  their  request, 
and  order  that  all,  or  any  portion  of  such  ditch  may  be  boxed  or  tiled, 
specifying  the  size  of  the  boxes  or  tile  to  be  used,  and  the  depth  they  shall 
be  placed  under  the  ground;  and  all  expenses  incurred,  whether  such 
ditch  be  in  whole  or  in  part  a  box  or  tile  ditch,  shall  be  apportioned 
according  to  benefits  derived,  as  provided  in  section  four  thousand  five 
hundred  and  tzventy-six  of  the  Revised  Statutes. 

Sec  4525,  [When  and  how  route  may  be  changed.]  At  the 
hearing  of  the  petition,  if  any  person  interested  in  the  location  of  such 
ditch  make  a  written  request  to  change  the  route  of  the  ditch,  for  his 
own  special  interest  and  convenience,  the  trustees  may  so  change  the 
route,  if  a  good  and  sufficient  ditch  can  be  had ;  but  in  all  cases  where 
such  change  would  increase  the  amount  of  work  to  open  the  ditch,  the 
whole  of  the  increased  amount  of  work  shall  be  apportioned  to  the 
persons  making  such  request,  in  addition  to  their  proper  share  of  the 
balance  of  the  ditch. 


122  LAWS   RELATING  TO   AGRICULTURE. 

Sec.  4526.  [Ditch  to  be  divided  into  sections.]  The  trustees,  in 
locating  and  establishing  a  ditch,  shall  divide  the  same  into  suitable  sec- 
tions, not  less  in  number  than  the  number  of  owners  of  the  land  through 
which  the  same  may  be  located,  and  apportion  the  sections  equitably  to 
the  parties  benefited,  according  to  the  benefits  derived  therefrom,  and 
shall  pi  ascribe  the  time  within  which  the  work  shall  be  completed,  and 
by  whom  done,  and  order  that  each  working  section,  beginning  at  the 
mouth  of  the  ditch,  shall  be  completed  at  least  two  days  earlier  than 
the  one  next  above  it;  and  the  day  upon  which  the  trustees  conclude 
their  proceedings  on  the  petition,  shall  be  deemed  the  date  of  their 
decision  thereon. 

Sec.  4527,  [Fees  of  officers  and  others.]  The  following  fees 
shall  be  considered  lawful  allowances  for  locating  and  establishing  ditches 
urder  this  chapter:  Township  trustees,  one  dollar  and  fifty  cents  per 
day  each;  township  clerk,  for  recording  proceedings  of  trustees,  ten 
cents  per  hundred  words ;  for  apportioning  cost  of  locating  and  recording 
the  same,  twenty-five  cents;  for  each  notice  or  statement,  ten  cents  per 
hundred  words ;  chainmen  and  axmen,  each  one  dollar  per  day ;  engineer, 
four  dollars  per  day  for  locating,  and  three  dollars  per  day  for  making 
plat,  profile  and  specifications. 

Sec.  4528.  [Report  of  trustees  to  clerk.]  Within  five  days  after 
their  decision  on  the  petition,  the  trustees  shall  make  a  full  and  com- 
plete report  of  their  proceedings  had  thereon  to  the  township  clerk, 
and  they  shall  designate  therein  the  amount  of  costs  made  in  locating 
such  ditch,  and  shall  prescribe  the  time  when  such  costs  shall  be  paid, 
together  with  the  width,  depth,  and  flare  of  the  ditch  determined  upon. 

Sec.  4529.  [Duties  of  the  clerk  thereon.]  The  clerk  shall  record 
the  report  in  the  ditch  journal  of  the  township,  and  apportion  the 
payment  of  the  costs  of  location  to  the  parties  interested  in  such  ditch, 
in  the  same  manner  as  is  herein  provided  for  the  apportionment  of  the 
labor  of  construction ;  and  the  clerk  shall  prepare  for  the  use  of  each 
person  having  costs  to  pay  and  labor  to  perform,  a  brief  statement  in 
writing,  or  by  printed  blank  filled  out,  describing  the  apportionment  of 
such  ditch,  together  with  the  length,  depth,  width,  and  flare  of  the  same, 
the  amount  of  costs  assessed  against  such  person,  when  to  be  paid,  and 
by  what  time  work  must  be  completed. 

Sec.  4530.     [Time  to  complete  work  may  be  extended.]     The 

trustees,  at  the  expiration  of  the  time  specified  for  the  completion  of 
such  work,  may,  if  they  deem  it  necessary  and  proper,  extend  the  time 
for  the  completion  of  the  same  to  a  time  not  exceeding  four  months 
from  the  time  previously  specified,  and  the  clerk  shall  record  such 
extension  of  time  on  the  ditch  journal. 

Sec.  4531.  [Flood-gates  may  be  ordered.]  When  the  trustees 
have  located  and  established  any  such  ditch,  they  may,  if  they  deem  it 
necessary,  make  an  order  requiring  flood-gates  or  water-ways  to  be 
erected  along  the  line  thereof  at  all  places  where  the  owners  of  land 
along  such  ditch  may  desire  to  build  or  place  any  fence  over  the  same; 
and  the  trustees  may  prescribe  in  their  order  the  length,  height,  and 
kind  of  flood-gates  or  water-ways  to  be  erected  at  all  such  fence  crossings, 
and  the  persons  owning  the  land  upon  which  the  same  may  be  erected 
shall  thereafter  keep  the  same  in  good  repair. 


LAWS   RELATING   TO   AGRICULTURE.  123 

Sec.  4532.  [How  obstructions  may  be  removed.]  If  any  owner 
drive,  or  permits  stakes  to  be  driven,  in  the  channel  of  such  ditch,  or 
in  any  other  manner  obstruct  the  ditch  at  any  such  fence  crossing  or 
other  part  of  such  ditch,  and  permit  such  obstructions  to  remain  after 
ten  days'  notice  in  writing  by  the  trustees,  the  trustees  shall  sell  out 
the  work  of  removing  such  obstructions  and  hindrances  y.o  the  lowest 
responsible  bidder,  after  giving  ten  days'  notice  of  the  time  and  place 
of  such  sale,  and  the  time  within  which  the  work  is  to  be  performed, 
by  posting  up  written  notices  or  hand-bills  in  three  or  more  of  the  most 
public  places  in  the  township;  and  when  such  sale  is  made  the  trustees 
shall  take  sufficient  security  for  the  performance  of  the  work,  and  after 
the  sale  the  proceedings  to  collect  the  amount  necessary  to  pay  the  pur- 
chaser for  the  work  shall  be  the  same  as  are  provided  in  section  forty-five 
hundred  and  forty-seven. 

Sec.  4533.  [Appeals  to  the  probate  court.]  Any  person  inter- 
ested in  the  location  of  such  ditch  or  in  the  amount  of  compensation 
and  damages  determined  upon  by  the  trustees,  may  take  an  appeal  from 
the  proceedings  of  the  trustees  to  the  probate  court  of  the  county,  by 
giving  written  notice  thereof  to  the  clerk  of  such  township  within  eight 
days  after  the  decision  of  the  trustees,  and  by  filing  with  the  clerk  a 
bond,  with  two  or  more  sufficient  sureties,  conditioned  for  the  payment 
of  all  costs  made  upon  such  appeal  in  case  the  decision  of 'the  trustees 
shall  be  sustained  in  the  probate  court;  which  bond  shall  be  made  to 
the  acceptance  of  the  township  clerk  and  the  probate  judge  of  such 
county,  indorsed  on  the  same,  and  filed  by  the  probate  judge  with  the 
other  papers  in  the  case ;  and  such  clerk  shall  thereupon,  at  the  request 
of  each  person  so  appealing,  his  agent  or  attorney,  make  and  deliver 
to  each  such  person,  his  agent  or  attorney,  a  full  and  complete  certified 
transcript  of  the  proceedings  had  in  the  case,  which  shall  be  filed  with 
the  probate  judge  of  such  county  within  ten  days  from  the  filing  of 
such  bond. 

Sec.  4534.  [Consolidation  of  separate  appeals,  etc.]  When  two 
jot  more  persons  have  taken  an  appeal,  according  to  the  preceding  sec- 
tion, the  probate  judge  shall  order  the  consolidation  of  such  cases,  and 
the  rights  of  all  parties  interested  shall  be  determined  by  the  jury  in 
the  one  case  thus  consolidated,  and  any  one  of  the  appellants  may  give 
the  notice  required  in  the  preceding  section ;  and  the  probate,  judge, 
upon  the  filing  of  such  bond  and  transcript,  shall  issue  a  notice  and 
deliver  the  same  to  the  appellants,  returnable  on  a  day  therein  named 
not  beyond  fifteen  days,  which  shall  specify  the  time  of  meeting  of  the 
parties  before  the  court,  for  the  purpose  of  hearing  and  determining  all 
preliminary  questions  pertaining  to  the  case. 

Sec.  4535.  [Notice  to  land-owners.]  The  appellants  shall  serve 
the  notice  by  copy  on  all  persons  interested  in  the  location  of  the  ditch 
residing  within  the  county,  and  if  any  person  so  interested  reside  out 
of  the  county,  or  can  not  be  served  by  a  copy  of  the  notice,  the  appel- 
lants shall  cause  such  notice  to  be  published  for  three  consecutive  weeks 
in  some  newspaper  of  general  circulation  in  the  county,  and  proof  of 
such  publication  shall  be  filed  in  the  probate  court  together  with  proof 
of  the  service  of  such  notice  on  all  persons  interested  as  aforesaid,  at 
least  three  days  before  the  time  fixed  for  impaneling  the  jury. 

Sec.  4536.     [Hearing  of  preliminary  matters  on  appeal.]     At  the 

time  specified  in  the  notice,  the  probate  judge  shall  hear  and  determine 


124  LAWS    RELATING   TO    AGRICULTURE. 

all  preliminary  questions  pertaining  to  the  case,  and  if  he  find  that  the 
appeal  has  not  been  perfected  according  to  this  chapter,  he  shall  dismiss 
the  appeal  at  the  cost  of  the  appellant,  and  certify  such  dismissal  to  the 
trustees  of  the  township,  who  shall  thereupon  proceed  as  if  no  appeal 
had  been  taken ;  but  the  judge  may,  in  his  discretion,  order  and  allow 
the  correction  of  any  technical  defect,  error,  or  omission  in  making  such 
appeal. 

Sec.  4537.  [Trial  to  jury  on  appeal.]  If  the  judge  find  the  pre- 
liminary proceedings  for  appeal  in  substantial  conformity  with  the  pro- 
visions of  this  chapter,  he  shall  select  a  jury  of  twelve  disinterested  free- 
holders of  the  county,  not  resident  of  such  township,  who  shall  consti- 
tute a  jury  for  such  case,  and  shall  issue,  over  his  hand  and  seal  of  office, 
a  notice  of  such  selection,  directed  to  the  sheriff  of  such  county,  re- 
turnable on  a  day  therein  named  not  beyond  forty  days,  which  notice 
shall  specify  the  time  of  meeting  of  the  jury  in  the  court;  if  any  of  the 
jurors  fail  to  attend,  or  for  good  cause  be  excused  from  serving,  or  be 
set  aside  on  account  of  a  challenge,  the  panel  shall  be  filled  with  tales- 
men as  in  jury  cases  in  the  courts  of  common  pleas ;  the  plaintiffs  shall 
be  entitled  to  two  and  the  defendants  two  peremptory  challenges,  and 
may  make  any  number  of  challenges  for  the  causes  for  which  chal- 
lenges are  allowed  in  the  court  of  common  pleas ;  and  in  respect  to  chal- 
lenges, the  appellants  shall  be  considered  one  party,  and  the  petitioners 
as  the  other,  and  the  jury  shall  be  sworn  to  try  all  the  claims  which 
are  represented  by  the  appellants,  if  there  be  more  than  one. 

Sec.  4538.  [The  jury  may  view  premises.]  The  jury  shall  then, 
under  the  care  of  the  sheriff  or  deputy  sheriff,  and  with  such  person  or 
persons  as  the  court  may  appoint  to  show  them  the  premises,  and  be- 
fore any  testimony  shall  be  given,  except  the  plat  and  field  notes  of  the 
ditch,  if  there  be  any,  and  the  title  papers  of  the  claimants,  if  produced, 
which  in  that  case  they  shall  take  with  them,  proceed  to  examine  the 
ditch,  as  established  or  ordered,  and  the  property  of  the  several  claim- 
ants taken  therefor,  or  alleged  to  be  injured  thereby,  and  after  making 
such  examination,  shall  return  to  the  court  at  the  time  the  court  shall 
have  appointed,  whereupon  the  trial  before  the  jury  shall  proceed  in 
the  same  manner  as  other  jury  trials  in  said  court. 

Sec.  4539.  [The  form  of  the  verdict.]  The  jury  shall  ren- 
der a  verdict  in  writing,  and  shall  find  therein :  first,  whether  it  will  be 
conducive  to  the  public  health,  convenience,  or  welfare,  to  cause  the  pro- 
posed ditch  to  be  established  or  located ;  second,  the  amount  of  com- 
pensation due  each  person  claiming  compensation  in  case  of  the  location 
of  the  same  which  shall  be  computed  without  deduction  for  benefits  to 
any  property  of  such  person ;  third,  the  amount  of  damages  resulting  to 
all  parties  claiming  the  same;  and  the  judge  is  authorized  to  adjourn 
the  proceedings  in  the  premises  from  time  to  time,  as  circumstances 
may  require. 

Sec.  4540.  [Proceedings  on  return  of  the  verdict.]  Upon  the 
return  of  the  jury,  the  judge  shall  make  a  record  of  all  the  proceedings 
had  in  the  case  before  him,  and  shall  also  make  such  order  as  to  the 
payment  of  compensation  for  land  used,  or  damages  sustained,  as  the 
jury  shall  report ;  and  shall  also  tax  such  costs  in  the  proceeding,  as  are 
provided  by  law  in  similar  cases ;  and  issue  execution  therefor. 

Sec,  4541.  [Fees  and  costs,  and  to  whom  taxed.]  If  the  report 
of  the  jury  be  not  in  favor  of  the  appellant,  all  costs  made  on  such  pro- 


LAWS    RELATING   TO   AGRICULTURE.  125 

ceedings  in  the  court  shall  be  taxed  to  and  paid  by  such  appellant,  and 
collected  as  judgments  at  law  in  other  cases;  but  if  two  or  more  persons 
have  appealed,  and  the  report  of  the  jury  be  favorable  to  some  of  the 
appellants,  and  against  the  other  appellants,  the  judge  shall  apportion 
the  costs  equitably  among  all  the  appellants,  except  those  in  whose  favor 
the  report  of  the  jury  is  made;  and  the  jurors  shall  be  allowed_one 
dollar  and  fifty  cents  per  day  each,  together  with  mileage  from  their 
respective  residences  to  the  probate  court,  at  the  rate  of  five  cents  per 
mile. 

Sec.  4542.  [Judge  to  make  transcript,  and  trustees  to  meet.] 
The  probate  judge  shall  make  a  transcript  of  all  the  proceedings  had 
before  him  in  the  case,  and  transmit  the  same,  together  with  all  the  files 
and  papers  in  the  case  to  the  clerk  of  the  township ;  and  the  township 
clerk  shall  notify  the  trustees  to  meet  at  his  office,  at  a  time  to  be  fixed 
by  him,  and  within  five  days  from  the  date  of  the  notice,  to  determine 
the  matters  growing  out  of  the  appeal  and  verdict,  and  to  secure  the 
construction  of  the  ditch  in  the  manner  provided  in  this  chapter  when 
no  appeal  is  taken. 

Sec.  4543.  [How  trustees  to  proceed  if  no  appeal.]  As  soon  as 
an  appeal  shall  be  perfected  from  the  decision  of  the  township  trustees, 
all  further  proceedings  before  them  on  the  petition  shall  be  stayed ;  but 
if  no  appeal  be  taken,  the  trustees,  upon  the  expiration  of  the  time  speci- 
fied by  them  for  the  opening  of  the  ditch,  shall  immediately  proceed 
to  inspect  the  same;  and  if  any  section  or  part  of  a  section,  has  not 
been  completed,  the  trustees  shall  accept  a  bond  with  sufficient  surety 
from  the  person  having  such  unfinished  work  to  perform,  conditioned 
for  the  faithful  completion  of  such  work,  within  such  time  as  the  trustees 
shall  specify  in  the  bond ;  but  if  any  such  person,  having  unfinished  work 
at  the  time  of  inspection  as  aforesaid,  fail  or  refuse  to  give  bond  for  the 
completion  of  the  same,  the  trustees  shall  immediately  proceed  to  sell 
such  unfinished  work  by  such  sections  to  the  lowest  bidders,  by  setting 
up  written  or  printed  notices  of  such  sale  in  at  least  three  of  the  most 
public  places  in  such  township,  for  at  least  ten  days  before  the  day  of 
sale,  specifying  the  time  when  such  work  shall  be  completed ;  and  the 
trustees  shall  take  such  bond  or  other  security  for  the  performance  of 
such  work  as  they  may  deem  proper. 

Sec  4544.  [At  what  price  work  may  be  sold.]  Before  the  work 
of  constructing  such  ditch  shall  be  sold  by  the  township  trustees,  they 
shall  make  a  fair  and  impartial  estimate  of  the  cost  of  the  work,  which 
estimate  shall  be  entered  upon  the  ditch  journal,  and  the  work  shall 
not  be  sold  for  a  sum  exceeding  such  estimate ;  and  the  fees  and  allow- 
ances in  all  such  proceedings,  and  the  apportioning  and  assessing  of 
such  costs  and  expenses,  shall  be  the  same  as  in  the  original  location  and 
establishment  of  the  ditch,  to  be  paid  by  the  person  whose  section  of 
such  ditch  shall  be  sold,  and  collected  and  paid  out  as  provided  in  sec- 
tion forty-five  hundred  and  forty-seven. 

Sec.  4545.  [Actions  on  bonds  and  re-sales  of  work.]  If  a  per- 
son giving  bond  in  either  case,  or  in  both  cases,  for  the  completion  of 
such  unfinished  work,  fail  to  comply  with  the  conditions  of  the  bond 
within  ten  days  after  the  time  specified  in  the  bond  for  the  completion 
thereof,  he  shall  be  held  liable  on  the  bond  to  pay  all  costs  and  expenses 
incurred,  and  shall  pay  all  damages  and  costs  of  prosecution  arising  in 
consequence  thereof;  and  the  township  trustees  shall  immediately  bring 


126  LAWS    RELATING    TO    AGRICULTURE. 

suit  in  the  name  of  the  township,  before  any  court  having  competent  jur- 
isdiction, against  such  person,  for  all  costs  and  expenses  resulting  from 
the  non-performance  of  such  work ;  and  the  journal  containing  the  record 
of  their  proceedings,  or  a  certified  copy  therefrom,  shall  be  prima  facie 
evidence  of  such  indebtedness ;  and  the  trustees  shall  immediately  pro- 
ceed to  sell  or  re-sell,  as  the  case  may  be,  such  unfinished  section,  in 
the  same  manner  as  if  no  previous  bond  on  previous  sale  had  been  taken ; 
and  if  the  purchaser  also  fail  to  complete  such  work,  the  trustees  shall 
again  enter  suit  as  provided  for  in  this  section,  and  also  again  re-sell  in 
conformity  with  this  chapter,  until  the  work  shall  be  completed ;  but 
the  same  work  shall  not  be  sold  more  than  once  to  the  same  person. 

Sec.  4546.  [Any  person  injured  may  have  action.]  A  person 
who  has  sustained  damage  in  consequence  of  the  non-performance  of 
such  work,  may  bring  suit  before  any  justice  of  the  peace  of  the  town- 
ship where  the  damage  has  been  sustained,  against  the  person  in  default, 
and  collect  damages,  with  costs  of  suit,  in  the  same  manner  as  the  law 
provides  in  suits  for  damages. 

Sec  4547.  [When  assessments  to  be  put  on  duplicate.]  As 
soon  as  the  work  shall  be  completed  in  conformity  with  the  sale,  and 
to  the  satisfaction  of  the  trustees,  they  shall  immediately  certify  to  the 
auditor  of  the  county  the  amount  each  section  sold  for,  adding  the  pro- 
portionate amount  of  costs  and  expenses  of  such  sale,  together  with  a 
correct  description  of  each  piece  of  land  upon  which  the  same  is  assessed ; 
and  the  auditor  shall  place  the  same  on  the  duplicate,  to  be  collected 
as  other  state  and  county  taxes  are  collected ;  and  the  trustees  shall  at 
the  same  time  certify  the  amount  due  to  each  person,  and  the  auditor 
shall  draw  orders  for  the  payment  of  such  amount  out  of  the  county 
treasury;  but  any  person  interested  may  pay  the  amount  of  the  pur- 
chase money  and  proportionate  share  of  costs  and  expenses  as  aforesaid 
to  the  trustees  at  any  time  before  the  same  are  charged  on  the  duplicate, 
to  be  paid  by  the  trustees  to  the  purchaser  of  such  section. 

Sec  4548.  [Costs  when  the  verdict  against  appellant.]  If  the 
jury  appointed  by  the  probate  judge  shall  report  in  conformity  with  the 
proceedings  of  the  trustees,  as  far  as  the  interest  of  the  person  so  ap- 
pealing shall  be  concerned,  then  and  in  that  case  all  costs  made  on  such 
appeal  shall  be  taxed  against  such  appellant. 

Sec  4549.  [Costs  may  be  put  on  the  duplicate.]  If  any  person 
fail  or  refuse  to  pay  his  apportionment  of  costs  of  locating  and  estab- 
lishing the  ditch,  or  of  the  cleaning  out,  deepening,  widening,  or  repair- 
ing of  the  same,  by  the  time  specified  by  the  trustees  for  the  payment 
of  such  costs,  they  shall  certify  the  same  to  the  auditor  of  the  county 
giving  a  correct  description  of  each  piece  of  land  upon  which  such  cost 
is  assessed,  and  the  auditor  shall  place  the  same  on  the  tax  duplicate 
to  be  collected  as  other  state  and  county  taxes  are  collected-  and  the 
county  treasurer  shall  pay  such  amount  to  the  township  treasurer  as 
other  township  funds,  specifying  the  purpose  of  the  same  •  and  the  trus- 
tees shall  pay  out  the  same  in  conformity  with  the  record  on  the  ditch 
journal. 

Sec  4550.  [When  a  person  injured  may  sue  trustees  1  Who- 
ever sustains  damage  by  the  failure  of  the  trustees  to  perform  anV  dutv 
imposed  upon  them  by  this  chapter,  may  recover  the  same  bv  "action 
against  them  before  a  justice  of  the  peace.  y 


LAWS    RELATING    TO    AGRICULTURE.  127 

Sec.  4551.  [Proceedings  when  papers  are  lost.]  Where  the  rec- 
ords, proceedings,  or  papers  pertaining  to  any  ditch,  under  the  provis- 
ions of  this  chapter,  have  in  any  way  been  lost  or  destroyed,  the  trustees 
may  re-establish  the  ditch  on  the  original  route,  and  determine  the  depth, 
width,  and  flare,  and  divide  the  same  into  suitable  sections,  and  appor- 
tion the  same  as  provided  in  this  chapter,  and  make  a  full  record  of  such 
proceedings,  and  the  record  thus  made  shall  thereafter,  be  deemed  con- 
clusive evidence  of  the  original  capacity  and  apportionment  of  said  ditch. 

Sec.  4552.  [Township  ditch  may  be  altered  or  repaired  by  trus- 
tees.] The  trustees  shall  have  the  power  to  cause  any  ditch,  or  any 
part  thereof,  located  and  constructed  under  any  law,  to  be  altered, 
deepened,  widened,  enlarged,  repaired,  boxed  or  tiled,  and  the  same 
proceedings  shall  be  had  so  far  as  is  applicable,  as  is  required  in  the 
location  and  construction  of  the  same;  and  in  all  cases  the  expenses 
thereof  shall  be  apportioned  in  the  same  manner  as  is  provided  herein 
for  original  construction. 

Sec.  4559.  [What  taxes  or  assessments  are  not  void.]  The  col- 
lection of  taxes,  or  assessments  levied  or  assessed,  or  ordered  to  be 
levied  or  assessed,  to  pay  for  the  expense  of  location,  or  for  the  con- 
struction of  any  ditch,  laid  out  or  constructed  under  and  by  authority 
of  this  chapter,  shall  not  be  perpetually  enjoined  or  declared  absolutely 
void  in  consequence  of  any  error  committed  by  the  engineer  or  surveyor, 
or  by  the  township  clerk,  or  by  the  trustees  of  a  township  in  the  location 
and  establishment  thereof,  nor  by  reason  of  any  error  or  merely  technical 
informality  appearing  in  the  petition  or  record  of  the  proceedings,  nor 
by  reason  of  any  want  of  notice  by  which  such  ditch  shall  have  been 
located  and  established. 

Sec.  4560.  [Only  party  injured  can  have  relief.]  The  court,  in 
which  any  proceeding  is  brought  to  recover  any  tax  or  assessment,  or 
to  reverse  or  declare  void  the  proceedings  to  locate  or  establish  any  ditch, 
or  to  construct  the  same,  or  to  enjoin  the  tax  levied  or  assessed,  or 
ordered  to  be  levied  or  assessed  to  pay  for  the  location  or  construction  of 
a  ditch,  shall  proceed  in  the  same  manner,  and  exercise  the  same  authority 
over  said  ditch  proceedings  or  any  part  thereof,  as  is  prescribed  and 
granted  to  such  court  in  section  forty-four  hundred  and  ninety-one  of 
the  Revised  Statutes,  and  all  acts  amendatory  thereof  or  supplementary 
thereto. 


REMOVAL   OF   DRIFT. 


Sec.  4561.  [Who  may  remove  drift  on  another's  land,  and  when.] 
Any  person  who  may  be  injured  by  reason  of  any  drift  of  wo'od,  or  other 
substance,  casually  produced  in  the  channel  of  any  stream  or  water- 
course, upon  the  lands  of  another  after  three  days'  notice  previously 
given  in  writing  to  the  owner,  or  occupant  of  such  lands,  if  they  are 
occupied,  and  if  not  occupied,  then  without  such  notice,  may  enter 
thereon,  with  such  assistance  as  may  be  necessary,  and  then  and  there 
remove  such  drift  or  other  obstruction ;  but  any  person  so  entering,  shall 
remain  liable,  as  at  common  law,  for  any  injury  done  or  committed  to 
the  rights  of  the  owner  or  occupant  of  such  lands,  which  might  be  avoided 
in  the  removal  of  such  obstructions,  and  shall  not  have  the  right  to 
remove  off  of  the  lands  upon  which  such  drift  or  obstruction  may  be 
situate,  any  of  the  substances  composing  such  drift  or  other  obstructions. 


128  LAWS  RELATING  TO   AGRICULTURE. 

Sec.  4562.  [Commissioners  may  remove  drift  for  protection  of 
roads  1  The  commissioners  of  any  county  are  authorized  to  cause  to 
be  removed  from  any  river  or  watercourse  within  their  county,  any  dnit 
or  timber  for  the  better  protection  of  roads  and  bridges  in  such  county. 

Sec.  4563.  [Application  by  tax-payers  therefor.]  When  there 
is  filed  with  the  county  auditor  a  petition  signed  by  five  or  more  tax 
payers  of  the  county,  setting  forth  the  benefits  to  be  derived  from  remov- 
ing such  drift  and  timber,  the  starting  point  and  terminus,  with  a  de- 
scription of  the  river  or  watercourse  to  be  cleared,  and  amount  of  drift 
and  timber  to  be  removed,  together  with  an  estimate  of  cost  to  be  incurred 
to  complete  the  work,  the  auditor  shall  at  the  next  regular  or  called 
meeting  of  the  commissioners  notify  them  of  the  filing  of  the  petition. 

Sec.  4564.  [Appointment  of  viewer.]  The  commissioners,  upon 
receiving  such  notice,  shall  forthwith  appoint  some  disinterested  person 
resident  of  the  county,  who  shall  go  upon  the  line  of  such  river  or  water- 
course, and  carefully  examine  the  same,  and  make  his  report  to  the  county 
auditor  in  writing,  stating  whether  he  deems  the  clearing  of  the  river  or 
watercourse  important  and  beneficial  for  the  protection  of  any  state  or 
county  road  or  bridge,  and  if  so,  an  estimate  of  the  amount  of  money 
required  to  perform  the  labor. 

Sec.  4565.  [Report  of  viewer,  and  proceedings  thereon.]  The 
auditor  shall,  at  the  first  regular  or  called  meeting  of  the  commissioners, 
after  receiving  the  report  from  such  person,  notify  the  commissioners  of 
the  same,  and  if  the  report  recommends  the  clearing  of  the  river  or 
watercourse,  the  commissioners  shall  proceed  to  let  the  same  at  public 
sale  to  the  lowest  bidder,  whose  bid  is  not  tv/enty  per  cent,  above  the 
estimate  cost,  and  who  has  no  official  duty  to  perform  about  the  work, 
and  take  a  bond  payable  to  the  state,  of  the  person  to  whom  the  work 
is  let,  with  good  and  sufficient  sureties  for  the  performance  of  the  same 
within  a  specified  time;  and  on  completion  of  the  work  thus  let  and 
accepted  by  the  commissioners,  the  auditor  shall  issue  a  certificate  to  the 
person  performing  the  work  for  the  sum  due. 

Sec.  4566.  [Costs  and  expenses  to  be  paid  out  of  bridge  fund.] 
All  the  costs  of  letting  and  clearing  such  river  or  watercourse,  and  all 
the  other  necessary  expenses  which  shall  accrue,  shall  be  paid  out  of 
the  county  treasury,  out  of  the  bridge  fund,  on  the  order  of  the  county 
auditor. 

Sec.  4567.  [Commissioners  may  remove  obstructions  as  a  san- 
itary measure.]  The  county  commissioners  of  any  county  may, 
whenever  in  their  opinion  the  same  will  be  conducive  to  the  public 
health,  convenience,  or  welfare,  upon  petition  of  the  owner  of  any  land 
adjoining  or  adjacent  to  any  stream  of  living  water,  remove,  or  cause 
to  be  removed  any  drift,  timber,  or  other  obstructions  except  mill-dams, 
water- works,  or  flood-gates,  that  may  hinder  the  free  passage  of  water  in 
the  natural  channel  of  such  stream. 

Sec.  4567a.  [County  commissioners  may  remove  certain  mill- 
dams  as  a  sanitary  measure.]  The  county  commissioners  of  any 
county  may,  whenever  in  their  opinion  the  same  will  be  conducive  to 
the  public  health,  convenience  or  welfare,  upon  petition  of  the  owners  of 
any  lands  adjoining  or  adjacent  to  any  stream  of  living  water,  remove 
or  cause  to  be  removed  any  mill-dam  or  mill-dams  that  may  hinder  the 
free  passage  of  water  in  the  natural  channel  of  such  stream. 


LAWS   RELATING  TO  AGRICULTURE.  129 

Sec.  4567b.  [Applications  for;  how  made;  bond;  duty  of  county 
auditor;  principal  petitioner  to  give  notice;  when  hearing  must  be 
adjourned.]  All  applications  by  the  owners  of  lands  adjoining  or 
adjacent  to  any  such  stream  shall  be  by  filing  with  the  county  auditor 
a  petition  signed  by  at  least  two-thifds  of  said  owners,  stating  the  neces- 
sity for  such  improvement  and  the  removal  of  said  mill-dam  or  mill- 
dams,  together  with  a  sufficient  bond  with  sureties  to  the  acceptance  of 
the  county  auditor,  conditioned  to  pay  all  expenses  incurred  in  case  the 
county  commissioners  refuse  to  grant  the  prayer  of  the  petition ;  and 
thereupon,  the  county  auditor  shall  give  notice  to  the  commissioners  of 
the  filing  and  pendency  of  the  petition,  and  the  commissioners  shall  im- 
mediately designate  a  time  and  place  when  and  where  they  will  meet  to 
hear  the  petition  and  complete  their  proceedings  thereon,  and  the  prin- 
cipal petitioner  shall  cause  notice  in  writing  to  be  given  to  the  owners 
of  each  of  said  tracts  of  land  sought  to  be  affected  by  said  proceedings, 
of  the  filing  and  pendency  and  time  of  hearing  of  the  petition,  which 
notice  shall  be  served  not  less  than  ten  days  before  the  day  fixed  for  hear- 
ing thereof,  and  said  original  notice,  duly  verified,  shall  be  filed  with 
said  auditor  on  or  before  said  day  of  hearing.  On  the  day  set  for  the 
hearing,  if  it  appear  to  the  commissioners  that  any  person  who  is  inter- 
ested in  such  improvement,  and  in  the  removal  of  said  mill-dam  or  mill- 
dams  has  not  been  duly  notified  as  required  by  the  preceding  section,  or 
that  any  requisite  preliminary  steps  have  not  been  taken,  they  shall 
adjourn  said  hearing  to  some  future  time,  not  exceeding  twenty  days, 
and  shall  order  such  notice  to  be  given,  or  said  preliminary  steps  to 
be  taken. 

Sec.  4567c.  [Hearing;  view  of  premises;  report  and  record  of 
findings;  negotiations  for  purchase  and  removal.]  If  the  commis- 
sioners find  that  the  bond  has  been  filed  and  notice  given,  they  shall 
proceed  to  hear  and  determine  the  petition  and  shall  proceed  to  view  the 
premises  along  the  proposed  improvement,  and  the  lands  of  the  peti- 
tioners and  others  affected'  by  said  mill-dam  or  mill-dams,  and  if  they 
find  that  such  improvement  and  removal  of  said  mill-dam  or  mill-dams 
will  be  conducive  to  the  public  health,  convenience  or  welfare,  they  shall 
report  their  findings  in  writing  and  order  the  auditor  to  enter  the  same 
on  the  journal,  and  they  shall  at  once  proceed  to  negotiate  with  the 
owner  or  owners  for  the  purchase  of  such  mill-dam  or  mill-dams  of  all 
rights,  title  and  interest  they  may  have  to  or  in  the  same,  and  all  fran- 
chises pertaining  thereto,  receiving  thereby  in  writing  the  terms  and 
conditions  by  which  said  owner  will  grant  the  absolute  right  to  remove 
the  same  and  for  the  free  passage  of  water  in  the  channel  of  such  stream. 

[Further  hearing;  notice.]  Said  commissioners  shall  fix  a  day  for 
further  hearing,  and  order  that  due  notice  be  served  in  writing  by  the 
principal  petitioners  upon  each  and  every  one  of  said  petitioners  or  any 
other  person  or  persons  interested  in  the  said  improvement  or  the  re- 
moval of  such  mill-dam  or  mill-dams  of  the  time  and  place  of  said 
hearing. 

[Adjournment;  notice.]  If  on  said  hearing  it  appears  to  the  com- 
missioners that  the  notice  herein  provided  for  has  not  been  given,  the 
commissioners  shall  adjourn  to  some  future  time,  not  exceeding  twenty 
days,  and  shall  order  such  notice  to  be  given. 

[Meeting  for  final  hearing;  statement  of  costs.]  On  the  day  fixed 
by  the  commissioners  for  final  hearing  they  shall  meet  at  the  time  and 

9      F.   H.   B. 


130  LAWS   RELATING   TO   AGRICULTURE. 

place  appointed,  and  shall  then  and  there  state  and  make  known  to 
the  petitioners  the  amount  asked  by  the  owner  or  owners  of  such  mill- 
dam  or  mill  dams  of  all  their  right,  title  and  interest  to  and  in  the  same 
and  the  franchises  pertaining  thereto,  and  for  the  right  to  remove  the 
same,  so  that  the  waters  of  such  stream  shall  pass  through  without  hin- 
drance, and  the  necessary  cost  of  removing  said  mill-dam  or  mill-dams, 
as  estimated  by  said  engineer  or  surveyor,  together  with  all  other  tax- 
able costs  of  the  proceedings. 

[Record.]  And  if  upon  such  statement  no  objections  be  made 
thereto  by  said  petitioners,  or  either  of  them,  said  commissioners  shall 
make  a  record  thereof. 

[Apportionment  of  costs.]  Said  commissioners  shall  apportion 
to  each  of  said  petitioners  and  all  other  land  owners  benefited  by  the 
improvement,  in  a  fair  and  equitable  manner,  according  to  the  benefits 
to  be  derived  therefrom,  as  nearly  as  can  be  done,  all  the  costs  of  the 
proceedings,  as  in  county  ditch  cases,  the  amount  asked  by  the  owner  or 
owners  of  said  mill-dam  or  mill-dams  and  agreed  upon  as  above,  and 
the  amount  of  cost  necessary  to  the  removal  of  said  mill-dam  or  mill- 
dams,  as  reported  by  the  surveyor  or  engineer. 

[Proceedings  on  failure  to  agree  or  on  objection;  lands  in  two  or 
more  counties.]  Upon  failure  to  agree  with  the  owner  or  owners  of 
such  mill-dam  or  mill-dams,  or  on  having  agreed,  if  upon  such  statement 
objections  be  made  thereto  by  the  petitioners,  or  either  of  them,  then  the 
proceedings  as  to  appeals,  applications  for  damages,  and  in  all  other  re- 
spects shall  be  taken  to  determine  the  amount  of  damages  to  be  awarded 
to  land  owners  affected,  as  is  provided  in  the  statutes  as  to  the  location 
and  establishment  of  county  ditches,  and  if  the  lands  affected  are  situ- 
ated in  two  or  more  counties,  the  proceedings  shall  be  governed  by  the 
provisions  of  the  said  ditch  statutes. 

[Abandoned  mill-dam  and  water-rights;  removal  of  such  mill- 
dam;  cleaning  out  of  water-course.]  (But  in  any  case  where  a  mill 
has  become  useless  or  has  been  destroyed,  and  has  so  remained*  for  more 
than  five  years  without  any  attempt  to  repair  or  rebuild  the  same,  the 
mill-dam  and  water-rights  and  privileges  belonging  to  the  same  shall  be 
deemed  abandoned,  and  the  rights  thereto  as  against  the  public  health, 
convenience  and  welfare,  under  this  act  shall  cease  and  be  barred;  and 
the  commissioners  may,  under  this  act,  without  bargain  or  compensation, 
cause  such  mill-dam  to  be  removed  and  the  watercourse  upon  which 
it  is  located  cleaned  out  and  improved  when  an  apportionment  has  been 
made  as  hereinbefore  stated.) 

[Assessment  of  costs.]  The  commissioners  shall  then  order  the 
said  amounts  to  be  placed  upon  the  tax  duplicates,  against  the  real  estate 
of  said  petitioners,  and  all  other  land  owners  benefited  by  the  removal  of 
such  dam,  and  to  be  collected  within  the  time,  and  to  meet  the  payments 
as  far  as  practicable  in  conformity  with  the  provisions  of  the  county 
ditch  law,  whether  agreed  upon  between  said  commissioners  and  said 
mill-dam  owner  or  owners,  or  fixed  by  the  Commissioners  or  otherwise 
m  pursuance  to  the  provisions  of  the  laws  relating  to  county  ditches, 
adding  to  the  first  year's  assessment  the  taxable  costs  of  the  proceedings 
and  the  estimated  costs  of  removing  said  mill-dam  or  mill-dams. 

u  JP°lle?,tion  ,anid  disbursement  of  assessments.]     Said  assessment 
shall  be  collected  the  same  as  other  assessments  against  real  estate  and 


LAWS   RELATING   TO  AGRICULTURE.  131 

paid  into  the  treasury  out  of  the  county  wherein  said  petitioners  reside, 
and  wherein  said  mill-dam  or  mill-dams  are  situated,  and  shall  be  paid 
out  of  the  county  treasury  on  the  warrant  of  the  county  auditor,  who  shall 
issue  his  warrants  in  accordance  with  the  records  and  orders  of  the 
county  commissioners. 

[Sale  and  supervision  of  work.]  The  surveyor  or  engineer  ap- 
pointed by  the  commissioners  shall  sell  at  public  outcry  the  work  of 
removing  such  mill-dam  or  mill-dams  and  supervise  the  same  as  "stated 
in  sections  forty-four  hundred  and  seventy-five,  forty-four  hundred 
and  seventy-seven  and  forty-four  hundred  and  seventy-eight  of  the  Re- 
vised Statutes  of  Ohio. 

Sec.  4568.  [Application  therefor,  and  bond.]  All  applications 
by  the  owner  of  land  adjoining  or  adjacent  to  any  such  stream,  shall  be 
by  filing  with  the  county  auditor  a  petition,  stating  the  necessity  for 
such  improvement,  together  with  a  sufficient  bond  with  surety  to  the 
acceptance  of  the  county  auditor,  conditioned  to  pay  all  expenses  in- 
curred in  case  the  county  commissioners  refuse  to  grant  the  prayer  of 
the  petition;  and  thereupon  the  county  auditor  shall  give  notice  to  the 
commissioners  of  the  filing  and  pendency  of  the  petition,  and  the  com- 
missioners shall  immediately  designate  a  time  and  place  when  and  where 
they  will  meet  to  hear  the  petition  and  complete  their  proceedings 
thereon. 

Sec.  4569.  [Notice  to  land-owners.]  The  petitioner  shall  cause 
notice  in  writing  to  be  given  to  the  owners  of  each  tract  of  land  sought  to 
be  affected  by  said  proceedings,  of  the  filing  and  pendency  of  the  petition, 
which  notice  shall  be  served  not  less  than  five  days  before  the  day  fixed 
for  the  hearing  thereof;  and  if  any  person  owning  lands  sought  to  be 
affected  by  the  proceedings  be  a  non-resident  of  the  county,  a  notice 
shall  be  given  him  by  publication  for  two  consecutive  weeks  in  some 
newspaper  published  or  of  general  circulation  in  the  county. 

Sec.  4570.  [Hearing  of  preliminary  matters.]  On  the  day  set 
for  the  hearing,  if  it  appear  to  the  commissioners  that  any  person  who  is 
interested  in  such  improvement  has  not  been  notified  as  required  by  the 
preceding  section,  or  that  any  requisite  preliminary  steps  have  not  been 
taken,  they  shall  adjourn  to  some  future  time,  not  exceeding  twenty 
days,  and  shall  order  such  notice  to  be  given,  or  such  preliminary  steps 
to  be  taken,  and  a  majority  of  the  commissioners  shall  be  competent 
to  perform  any  of  the  requirements  of  this  chapter. 

Sec.  4571.     [Hearing  on  the  merits,  and  proceedings  thereon.] 

If  the  commissioners  find  that  the  bond  has  been  filed  and  notice  given, 
they  shall  proceed  to  hear  and  determine  the  petition,  and,  if  they  deem 
it  necessary,  shall  view  the  premises  along  the  proposed  improvement, 
and,  if  they  find  that  such  improvement  will  be  conducive  to  the  public 
health,  convenience,  or  welfare,  shall  order  the  same  and  proceed  to 
apportion  the  clearing  of  the  channel  of  such  stream  in  a  fair  and 
equitable  manner,  according  to  the  benefits  to  be  derived  therefrom,  as 
near  as  the  same  can  be  done,  among  the  owners  of  lands  adjoining  or 
adjacent  to  such  stream,  and  the  county  auditor  shall  make  a  full  and 
complete  record  of  all  such  proceedings  in  the  journal  of  the  proceedings 
of  the  commissioners. 

Sec.  4572.  [Apportionment  of  the  work.]  The  commissioners, 
whenever  they  order  such  improvement,  shall  divide  the  same  into  suitable 


132  LAWS   RELATING   TO   AGRICULTURE. 

sections,  not  less  in  number  than  the  owners  of  land  sought  to  be  affected, 
and  shall  also  prescribe  the  time  in  which  the  work  on  the  improvement 
shall  be  completed  and  by  whom  to  be  done;  and  they  shall  allow  all 
reasonable  fees,  costs,  and  expenses  incurred  in  viewing  and  apportioning 
such  improvement,  to  be  paid  out  of  the  county  fund ;  and  whenever  the 
commissioners  deem  the  same  right  and  just,  they  shall  assist  in  the 
clearing  of  any  such  stream,  by  common  levy,  not  to  exceed  five-tenths 
of  one  mill  on  the  dollar's  valuation  in  any  year  in  their  county. 

Sec.  4573.  [When  benefited  lands  are  in  more  than  one  county.] 
Whenever  the  land  to  be  benefited  by  such  improvement  is  in  two  or 
more  counties,  the  commissioners  of  each  county  shall  meet  and  divide, 
as  before  specified,  the  clearing  of  such  stream  jointly,  and  shall  be 
governed  in  all  respects  by  the  provisions  of  this  chapter. 

Sec.  4574.  [Petition,  and  notice  in  such  case.]  In  such  case, 
copies  of  the  notice  and  petition,  as  required  by  sections  forty-five  hun- 
dred and  sixty-eight  and  forty-five  hundred  and  sixty-nine,  shall  be 
filed  with  the  county  auditor  of  each  county  in  which  any  part  of  such 
land  is  situate;  and  at  the  time  of  hearing  of  the  petition,  and  at  the 
time  of  hearing  the  report  of  the  commissioners,  any  one  or  more  of  the 
commissioners  of  such  counties  may  meet  with  the  commissioners  of 
the  county  in  which  the  petition  was  first  filed,  and,  when  so  met, 
shall  each  have  the  same  authority  to  act  and  decide  as  if  they  were 
severally  commissioners  of  such  county  and  the  board  were  constituted 
of  the  whole  number  of  commissioners  present. 

Sec.  4575.  [Notice  of  appeal,  and  bond.]  Any  person  interested 
in  such  improvement  may,  after  the  same  is  ordered,  take  an  appeal 
from  the  proceedings  of  the  commissioners  to  the  probate  court  of  the 
proper  county,  by  giving  written  notice  thereof  to  the  auditor  of  such 
county  within  five  days  after  the  decision  of  the  commissioners,  and 
by  filing  with  the  auditor  a  bond,  with  two  or  more  sufficient  sureties, 
conditioned  to  pay  all  costs  made  upon  the  appeal,  in  case  the  decision  of 
the  commissioners  be  sustained  in  the  probate  court,  which  bond  shall 
be  made  to  the  acceptance  of  the  county  auditor,  and  the  probate  judge 
of  the  county,  indorsed  on  the  same,  and  filed  by  the  probate  judge  with 
the  other  papers  in  the  case;  and  when  two  or  more  persons  take  an 
appeal,  the  probate  judge  shall  order  the  consolidation  of  such  cases 
into  one  case,  and  the  rights  of  all  parties  in  interest  shall  be  investigated 
by  the  jury  in  the  one  case  thus  consolidated. 

Sec.  4576.  [Transcript,  and  the  filing  thereof.]  The  county 
auditor  shall,  at  the  request  of  a  person  so  appealing,  his  agent  or 
attorney,  make  and  deliver  to  such  person,  his  agent  or  attorney,  a  full 
and  complete  transcript,  duly  certified,  of  the  proceedings  had  in  the 
case,  which  transcript  shall  be  filed  with  the  probate  judge  of  the  county 
within  ten  days  from  the  filing  of  such  Bond. 

Sec  4577.  [Drawing  the  jury,  and  venire.]  The  probate  judge 
upon  the  filing  of  such  bond  and  transcript,  shall  cause  to  be  drawn 
from  the  jury  box,  as  provided  by  law  in  other  cases,  a  jury  of  twelve 
disinterested  freeholders  of  the  county,  who  shall  constituted  jurv  for 
such  case,  and  shall  issue  a  venire,  directed  to  the  sheriff  of  such  county, 
returnable  on  a  day  therein  named,  not  exceeding  thirty  davs,  which 
shall  specify  the  time  of  meeting  of  the  jury  in  the  probate  court. 


LAWS   RELATING   TO   AGRICULTURE.  133 

Sec.  4578.  [Notice  of  the  meeting  of  the  jury.]  The  applicant 
shall  notify  all  persons  interested  in  the  improvement,  of  the  time  fixed 
by  the  probate  court  for  the' meeting  of  the  jury,  and  if  any  person 
interested  in  the  improvement  reside  out  of  the  state,  or  can  not  be 
served  in  writing  with  such  notice,  the  judge,  being  notified  of  the  fact, 
shall  cause  such  notice  to  be  published  for  three  successive  weeks  in 
some  newspaper  printed  or  of  general  circulation  in  the  county  pand 
proof  of  the  publication  of  such  notice  shall  be  filed  with  the  probate 
court  before  the  impaneling  of  the  jury,  together  with  the  proof  of  the 
service  of  such  notice  in  writing  on  all  persons  interested,  as  aforesaid, 
at  or  before  the  time  so  specified. 

Sec.  4579.  [Hearing  of  preliminary  matters.]  At  the  time  spec- 
ified in  the  notice,  the  probate  judge  shall  hear  and  determine  all  pre- 
liminary questions,  and  if  he  find  that  the  proceedings  in  appeal  have 
not  been  perfected,  he  shall  dismiss  the  appeal  at  the  costs  of  the  appel- 
lant, and  certify  such  dismissal  to  the  commissioners  of  the  county,  who 
thereupon  shall  proceed  as  if  no  appeal  had  been  taken;  but  the  judge 
may,  in  his  discretion,  order  and  allow  the  correction  of  any  technical 
defect,  error,  or  omission  in  making  such  appeal. 

Sec.  4580.  [Oath  and  report  of  the  jury.]  The  judge  shall  ad- 
minister an  oath  to  the  jury  faithfully  and  impartially,  and  upon  actual 
view,  if  so  required  by  either  party,  to  determine  whether  such  improve- 
ment will  be  conducive  to  the  public  health,  convenience,  or  welfare,  and 
the  jury  shall  file  a  report  with  the  judge  within  five  days  after  taking 
such  oath,  unless  he,  for  good  cause  shown,  shall  allow  further  time. 

Sec.  4581.  [Proceedings  on  report  of  jury.]  Upon  the  return 
of  the  jury,  the  probate  judge  shall  make  a  record  of  all  the  proceedings 
had  in  the  case  before  him,  and  shall  also  make  such  order  as  to  pay- 
ment of  costs  as  are  provided  by  law  in  similar  cases,  which  costs,  together 
with  those  made  before  the  commissioners,  shall  be  divided,  to  be  paid  in 
fair  proportion  among  the  appellants,  in  conformity  to  the  report  of  the 
jury;  but  if  the  report  of  the  jury  shall  not  be  in  favor  of  the  appellant, 
all  costs  made  on  such  proceeding  in  the  probate  court  shall  be  taxed  to 
and  paid  by  such  appellant,  and  collected  as  judgments  at  law  in  other 
cases;  but  if  two  or  more  persons  have  appealed,  and  the  report  of  the 
jury  be  for  some  and  against  the  other  appellants,  the  probate  judge 
shall  apportion  the  costs  equally  among  all  the  appellants,  except  those 
in  whose  favor  the  report  of  the  jury  is  made;  and  the  jurors  shall  be 
allowed  two  dollars  each  per  day,  together  with  mileage  as  in  other  cases. 

Sec.  4582.  [Proceedings  when  no  appeal  is  taken.]  If  no  appeal 
be  taken,  the  county  commissioners  upon  the  expiration  of  the  tjme 
specified  by  them  for  finishing  the  improvement,  and  upon  being  satisfied, 
by  inspection  and  view,  that  any  part  of  such  improvement  has  not  been 
completed,  shall  proceed  to  sell  the  same  to  the  lowest  responsible  bidder, 
by  first  giving  notice  of  such  sale  at  least  two  weeks  in  some  newspaper 
of  general  circulation  in  the  county  where  such  improvement  is  located, 
specifying  the  time  when  such  work  shall  be  completed,  and  they  shall 
take  such  bond,  or  other  security,  for  the  performance  of  such  work, 
as  they  may  deem  proper ;  and  immediately  after  the  sale  they  shall 
certify  to  the  county  auditor  the  amount  each  section  sold  for,  together 
with  a  correct  description  of  each  piece  of  land,  and  the  auditor  shall 
place  the  same  on  the  duplicate,  to  be  collected  as  other  state  and  county 
taxes  are  collected. 


134  LAWS   RELATING   TO   AGRICULTURE. 

Sec.  4583.  [Payment  for  work  done.]  As  soon  as  the  work  is 
completed  in  conformity  with  such  sale,  and  to  the  satisfaction  of  the 
commissioners,  they  shall  certify  the  amount  due  each  person  to  the 
auditor  of  the  proper  county,  and  the  auditor  shall  draw  orders  for  the 
payment  of  such  amount  out  of  the  county  treasury;  but  any  person 
interested  may  pay  the  amount  of  the  purchase  money  to  the  commis- 
sioners, at  any  time  before  the  same  is  charged  on  the  duplicate,  to  be 
paid  by  them  to  the  purchasers  of  such  section  or  sections  respectively. 

Sec.  4584.  [Commissioners  may  keep  channel  clear.]  County 
commissioners  have  the  same  power  to  keep  the  channel  of  any  stream  of 
living  water  in  any  county  free  and  clear  of  all  drifts,  timber,  or  other 
obstructions,  in  the  same  manner  as  is  provided  in  this  chapter  for 
clearing  the  same. 


CLEANING  AND  REPAIR  OF  DRAINS  AND  WATERCOURSES. 

(4584-1)  Sec.  1.  [Township  ditch  supervisor.]  That  in  any 
township  in  which  there  have  been  located  and  established  county  or 
township  ditches,  or  in  which  county  or  township  ditches  may  here- 
after be  located  and  established,  there  may  at  the  time  and  in  the  manner 
provided  by  law  for  the  election  of  township  officers,  be  elected  a  town- 
ship ditch  supervisor,  who  shall  serve  for  a  term  of  three  years,  and 
until  his  successor  is  elected  and  qualified.  In  case  a  vacancy  occurs 
in  this  office,  by  resignation  or  otherwise,  the  township  trustees  shall 
fill  said  vacancy  by  appointment-,  until  the  next  annual  election. 

(4584-2)  Sec.  2.  [Oath,  bond,  etc.]  Before  entering  upon  the 
duties  of  his  office  the  township  ditch  supervisor  shall  take  an  oath  of 
office,  and  shall  give  bond,  with  sureties  approved  by  the  trustees,  in 
such  sum  as  they  determine,  payable  to  them,  and  conditioned  for  the 
faithful  performance  of  his  duties  as  such  ditch  supervisor,  and  said 
bond  shall  be  recorded  by  the  township  clerk,  and  filed  with  him,  and 
be  carefully  preserved. 

(4584-3)  Sec.  3.  [Supervisor  to  redivide  all  ditches  into  the 
original  working  sections  assessed  to  owners  for  construction,  wid- 
ening or  deepening.]  It  shall  be  the  duty  of  the  township  ditch  super- 
visor to  divide  all  township  ditches  into  the  working  sections  assessed 
to  the  lot  and  landowners,  corporate  roads,  railroads,  township  and 
county,  for  the  construction  thereof,  or  for  the  deepening  and  widening 
thereof;  and  to  divide  all  county  ditches  into  working  sections  propor- 
tionate to  the  assessment  upon  lot  and  landowners,  corporate  roads,  rail- 
roads^ township  and  county,  for  the  construction,  or  for  the  deepening  and 
widening  of  the  same.  In  all  of  said  divisions  into  working  sections, 
the  latest  apportionment  made  under  petition  shall  be  taken  as  the  basis 
of  said  division.  Provided,  however,  that  in  case  the  record  of  any 
ditch  proceedings  has  been  lost  or  destroyed,  the  township  trustees  shall 
reapportion  same  according  to  section  4551  R.  S.,  and  furnish  a  copy 
thereof  to  the  township  ditch  supervisor. 

(4584-4)  Sec.  4.  [When  ditch  located  in  two  or  more  town- 
ships.] When  an  established  ditch  or  water-course  is  located  in  two 
or  more  townships,  the  township  ditch  supervisors  of  the  townships  in 
which  the  said  improvement  is  located,  shall  together  make  the  appor- 
tionment provided  for  in  section  3  of  this  act. 


LAWS   RELATING  TO  AGRICULTURE.  135 

(4584-5)  Sec.  5.  [Upon  notice,  duty  of  owner,  etc.,  to  clean  out 
said  section  so  apportioned.]  When  the  apportionment  of  any  ditch 
provided  for  in  sections  3  and  4  of  this  [act]  is  completed,  the  ditch 
supervisor  shall  notify  each  of  the  lot  and  landowners,  corporate  roads, 
railroads,  township  and  county,  assessed  thereon,  of  the  portion  assigned 
to  them,  and  it  shall  be  the  duty  of  each  lot  and  landowner,  corporate 
road,  railroad,  township  and  county,  so  notified,  to  clean  out  said  por- 
tion, or  section,  of  the  said  ditch  or  watercourse,  to  the  full  depth  "and 
capacity  heretofore  required  by  the  authorities  constructing  the  same, 
and  annually  thereafter  to  reclean  the  same  without  further  notice.  It 
shall  also  be  the  duty  of  all  parties  assessed  in  this  section  to  mark 
the  terminus  of  their  respective  working  section,  by  planting  a  post  or 
marker,  on  which  shall  be  cut  or  painted  the  number  of  the  section. 

(4584-6)  Sec.  6.  [When  parties  assessed  fail  to  clean  out  the 
same,  supervisor  may  sell  the  work  to  the  lowest  bidder,  in  certain 
cases.]  If  there  were  assessed  .to  any  tract  of  land,  road,  railroad, 
township,  or  county,  for  the  construction  or  for  the  deepening  and  widen- 
ing thereof  as  the  case  may  be,  of  any  ditch  or  watercourse,  a  sum  less 
than  three  (3)  dollars,  the  township  ditch  supervisor  may  group  these 
small  sections  together  as  conveniently  as  possible,  and  if  the  parties  to 
whom  they  are  assessed,  neglect  or  refuse  to  clean  out  the  same,  and 
keep  the  same  in  repair,  the  ditch  supervisor  is  hereby  authorized  to 
sell  the  work  of  cleaning  out  said  sections  to  the  lowest  responsible  bid- 
der, and  take  a  bond  with  approved  surety  for  the  faithful  completion 
of  the  work,  and  certify  the  cost  of  said  work  to  the  county  auditor, 

[Costs  to  be  taxed  against  land  so  assessed.]  Who  shall  place 
the  same  upon  the  tax  duplicate,  against  the  lands  so  assessed,  pro  rata, 
and  the  same  shall  become  a  lien  upon  the  land  and  be  collected  as  other 
ditch  taxes. 

(4584-7)  Sec.  7.  [Sale  of  work  or  cleaning  ditch,  etc.]  If  any 
landowner,  corporate  road,  railroad,  township  or  county,  notified  to 
clean  out  the  ditch  or  watercourse  under  the  provisions  of  this  act, 
shall  neglect  or  refuse  to  comply  with  the  same  before  the  15th  day  of 
October  in  each  year,  the  ditch  supervisor  shall,  after  giving  ten  (10) 
days'  notice  by  posting  notices  in  three  conspicuous  places  in  said  town- 
ship, sell  the  work  of  cleaning  said  section  or  sections  to  the  lowest 
responsible  bidder,  and  take  a  bond  as  provided  in  section  six  (6)  and 
certify  the  cost  thereof  to  the  county  auditor,  as  provided  in  section  six 
(6)  of  this  act.  And  the  ditch  supervisor  shall  certify  the  amount  due 
the  contractor,  or  contractors,  for  the  work  done,  according  to  the  pio- 
visions  of  this  act,  to  the  township  trustees,  who  shall  order  the  same 
paid  out  of  the  township  ditch  fund. 

(4584-8)    Sec.  8.    [All  costs  to  be  collected  by  county  treasurer.] 

All  costs  certified  to  the  county  auditor  under  the  provisions  of  this  act 
shall  be  collected  by  the  county  treasurer  and  be  paid  over  to  the  treas- 
urer of  the  township  whence  the  certificate  came,  as  township  ditch  funds. 

(4584-9)  Sec.  9.  [Township  ditch  fund.]  The  township  trus- 
tees of  any  township  to  which  this  act  applies  are  hereby  authorized  and 
empowered  to  levy  a  tax  upon  all  the  taxable  property  of  said  township 
not  to  exceed  five-tenths  (5-10)  of  one  mill  upon  each  dollar  valuation, 
to  be  known  as  the  township  ditch  fund  for  the  purpose  of  carrying  out 
the  provisions  of  this  act. 


136  LAWS   RELATING   TO   AGRICULTURE. 

(4584-10 )  Sec.  10.  [Compensation  to  ditch  supervisor.]  The 
township  ditch  supervisor  shall  be  allowed  one  dollar  and  fifty  cents 
per  diem,  for  the  time  actually  engaged  in  performing  the  duties  of  his 
office,  said  compensation  to  be  paid  by  the  township  trustees,  out  of 
the  township  ditch  fund,  upon  presentation  of  an  itemized  account,  veri- 
fied upon  oath  by  the  township  ditch  supervisor. 

[Assistant.]  The  township  ditch  supervisor  shall  be  allowed 
one  assistant,  when  actually  engaged  in  measuring  a  ditch  or  ditches. 
Said  assistant  shall  receive  one  dollar  per  day  for  the  time  actually  em- 
ployed, and  shall  be  paid  by  the  trustees  out  of  the  township  ditch  fund, 
upon  the  certificate  of  the  ditch  supervisor. 

(4584-11)  Sec.  11.  [Act  not  to  apply  to  tiled  ditch.]  Where 
any  county  or  township  ditch,  or  any  part  thereof,  has  been  tiled,  or 
may  hereafter  be  tiled,  said  ditch,  or  the  part  thereof  which  has  been 
tiled,  shall  not  be  affected  by  the  provisions  of  this  act.  Provided  said 
tile  is  of  sufficient  capacity  to  carry  all  the  water  drainage  through  said 
ditch  or  watercourse  so  as  not  to  flood  the  adjacent  lands  above;  but 
if  said  tile  is  small  and  insufficient  to  provide  the  necessary  drainage, 
the  surface  ditch  shall  be  kept  open  by  the  provisions  of  this  act. 

(4584-12)  Sec.  12.  [Owner  must  keep  ditch  free  of  fallen  tim- 
ber, logs,  etc.;  penalty  for  failure.]  Every  person  or  corporation 
through  whose  lands  any  ditch  improvement  is  constructed,  must  keep 
it  free,  and  clear  of  fallen  timber,  tree-tops,  logs  and  such  like  obstruc- 
tions, upon  his  or  its  premises;  and  in  case  of  a  failure  to  do  so,  any 
person  or  corporation  aggrieved  by  any  such  obstructions  may  notify 
the  township  ditch  supervisor  of  the  fact,  in  writing,  who  must  at  once 
examine  the  premises  and  inquire  into  the  truth  of  the  statement,  and, 
if  he  find  the  statement  to  be  true,  he  must  immediately  notify  the  owner 
of  the  land  on  which  such  obstruction  exists,  to  remove  it  within  a 
reasonable  time,  not  exceeding  twenty  days.  If  the  owner  so  notified 
fail  to  remove  the  obstructions,  the  ditch  supervisor  must  at  once  cause 
the  same  to  be  removed  at  the  expense  of  such  owner,  and  certifv  such 
expense  to  the  auditor,  who  must  place  the  same  upon  the  tax  duplicate, 
as  an  assessment  upon  the  lands  of  such  person  or  corporation.  This 
assessment  will  be  a  lien  upon  such  lands  and  must  be  collected  as  other 
ditch  taxes,  and  be  paid  over  to  the  township  treasurer  as  provided  in 
section  8  of  this  act.  And  the  ditch  supervisor  shall  certify  any  cx^ 
pense  accruing  under  this  section  to  the  township  trustees  for  pavment 
as  provided  in  section  7. 

Cleaning  and  repairing  ditch  located  in  more  than  one  county,  see  §  (4510—11) 
Cleaning  and  repairing  on  petition  in  Lucas  county,    see  §    (4510—17) 
€t       Smkholes'  fissures>  breaks,  etc.,  protection  and  treatment  of,  see  §  (4510-18) 


LEVEES. 


Sec  4585.  [Probate  court  may  order  construction  of  levees.] 
The  probate  court  of  any  county,  may  whenever  found  to  be  conducive 
to  the  public  health,  convenience  or  welfare,  cause  to  be  located,  estab- 
lished and  constructed  as  hereinafter  provided,  a  levee  within  the  countv 
along  any  stream,  watercourse,  lake  or  body  of  water,  or  near  any  stream' 
watercourse,  lake  or  body  of  water  of  any  kind,  for  the  protection  of 
land  from  overflow. 


LAWS   RELATING   TO   AGRICULTURE.  137 

Sec.  4586.  [Petition  therefor;  what  to  contain,  and  bond.] 
When  there  is  filed  in  the  office  of  probate  judge  a  petition,  signed  by 
one  or  more  persons,  owning,  controlling,  or  occupying  lands  adjacent 
to,  or  who  shall  be  interested  in,  the  proposed  levee,  setting  forth  the 
necessity  for  the  same,  with  a  substantial  description  of  the  proposed 
starting  point,  route,  and  terminus,  and  a  bond,  with  good  and  sufficient 
surety  to  the  approval  of  the  judge,  payable  to  the  state,  conditioned  to 
pay  all  proper  costs  and  expenses  in  such  proceedings,  in  case  the"  levee 
be  not  finally  ordered,  the  probate  judge  shall  fix  a  time  for  hearing  the 
petition,  not  more  than  thirty  days  from  the  time  of  filing  the  same. 

Sec.  4587.  [Notice  to  parties  interested.]  The  judge,  or  one  of 
the  petitioners,  shall  cause  a  notice  in  writing  to  be  given,  at  least  ten 
days  before  the  day  set  for  hearing  the  petition,  to  the  owner  of  each 
tract  of  land,  and  to  the  auditor  of  any  county  and  the  clerk  of  any 
township  which  may  be  affected  by  the  proceeding,  of  the  filing  and 
pendency  of  the  petition,  and  the  time  the  same  will  be  for  hearing  before 
the  court ;  and  if  any  person  owning  lands  which  may  be  affected  by  the 
proceeding  is  a  non-resident  of  the  county,  or  if  such  owner  is  a  turnpike 
or  railroad  company,  such  notice  may  be  given  by  publication  for  two 
consecutive  weeks,  in  some  newspaper  of  general  circulation  in  the 
county ;  but  if  such  railroad  company  has  a  principal  office,  or  a  regular 
ticket  or  freight  agent  in  the  county,  a  notice,  if  required  by  the  judge, 
may  be  served  by  leaving  a  copy  thereof  with  the  principal  officer  in 
charge  of  such  office,  or  with  such  ticket  or  freight  agent,  in  which  case 
notice  to  such  railroad  company  need  not  be  given  by  publication. 

Sec  4588.  [Application  for  damages.]  An  owner  claiming  com- 
pensation for  lands  appropriated  for  the  purpose  of  constructing  any 
such  levee,  shall  make  an  application  in  writing  therefor  to  the  court,  on 
or  before  the  day  appointed  for  hearing  the  petition,  and  on  failure  to 
make  such  application,  such  owner  shall  be  deemed  and  held  to  have 
waived  all  right  to  such  compensation. 

Sec.  4589.  [Hearing  on  preliminary  matters.]  On  the  day  set 
for  the  hearing,  if  it  appear  to  the  court  that  any  person  or  corporation 
interested  in  the  levee  or  embankment  has  not  been  notified  as  required 
by  this  chapter,  or  that  any  requisite  preliminary  steps  have  not  been 
taken,  the  court  shall  continue  the  case  not  exceeding  twenty  days,  and 
order  such  notice  to  be  given  or  such  other  preliminary  steps  to  be  taken ; 
and  the  court  shall  have  power  at  any  time  before  the  final  order  has 
been  made  to  continue  the  case  and  order  notice  to  be  served,  as  required 
in  section  forty-five  hundred  and  eighty-seven  upon  any  owner  of  lands 
who  may  be  found  to  be  affected  by  said  proceeding,  and  who  has  not 
been  served  with  such  notice ;  and  if  notice  is  given  after  the  time  orig- 
inally appointed  for  the  hearing  of  the  petition,  the  petition  shall  be 
regarded,  as  to  such  owner  so  notified,  as  appointed  for  hearing  on  the 
day  to  which  the  case  is  continued  for  the  purpose  of  giving  such  notice. 

Sec.  4590.  [Hearing  on  the  merits,  and  proceedings  thereon.] 
When  the  court  finds  that  notice  of  the  filing  and  pendency  of  the  peti- 
tion has  been  given,  and  all  other  preliminary  steps  taken,  it  shall  pro- 
ceed to  hear  and  determine  the  petition  upon,  the  papers  and  evidence ; 
and  if  the  court  is  satisfied  that  the  levee  will  be  conducive  to  the  public 
health,  convenience,  or  welfare,  it  shall  forthwith  appoint  three  compe- 
tent, disinterested  freeholders  of  the  county,  who  shall  be  sworn  to  faith- 
fully and  impartially  perform  their  duty  as  such  viewers,  and  they,  with 


138  LAWS   RELATING  TO  AGRICULTURE. 

the  aid  of  a  competent  engineer,  who  shall  be  appointed  at  the  same 
time  by  the  court,  shall  proceed  to  view  the  premises  along  the  proposed 
route,  and  the  lands  to  be  affected  by  the  proposed  levee,  and  make  a 
report  of  their  proceedings  in  writing,  to  the  court  within  fifteen  days, 
from  the  date  of  their  appointment,  unless  in  the  discretion  of  the  court, . 
a  longer  time  shall  be  given  them ;  which  report  shall  show  whether  in 
their  opinion  the  construction  of  the  levee,  substantially  on  the  route 
petitioned  for,  will  be  conducive  to  the  public  health,  convenience,  or 
welfare,  what  owners  of  land  should  assist  in  the  construction  of  the 
proposed  levee,  and  in  defraying  the  costs  and  expenses  thereof,  and 
the  lots  or  lands,  and  the  quantity  thereof,  which  will  be  benefited  by 
such  levee ;  and  if  the  court,  in  its  discretion,  deem  it  necessary,  it  may 
order  the  engineer  to  make  and  return,  at  the  same  time  the  viewers 
make  their  report,  maps,  plats,  and  profiles  of  the  proposed  levee  and 
the  lands  which  may  be  affected  by  the  same. 

Sec.  4591.  [Hearing  of  application  for  damages.]  If  the  viewers 
report  in  favor  of  the  construction  of  the  levee,  the  court  shall  appoint 
a  day,  not  later  than  ten  days  from  the  filing  of  the  report,  when  it  will 
hear  and  determine  all  applications  for  compensation  for  lands  appro- 
priated, and  the  necessity  for  the  levee ;  and  in  addition  to  the  petition, . 
report  of  viewers,  maps,  plats,  and  profiles  of  the  engineer,  the  court 
may  hear  further  evidence  and  arguments  of  counsel  for  or  against  the 
construction  of  such  levee;  and  the  judge  shall  have  the  right  to  view 
the  premises  before  the  final  order  is  made,  and  the  court,  if  found  neces- 
sary, shall  have  the  right  to  continue  the  hearing  of  the  case  from  time 
to  time,  in  its  discretion. 

Sec  4592.  [Damages  must  be  paid  before  final  order.]  No  final 
order  for  the  construction  of  such  levee,  or  any  part  thereof,  shall  be 
made  until  the  full  amount  of  compensation  for  land  appropriated  has 
been  paid. 

Sec  4593.  [The  final  order.]  If,  upon  the  final  hearing  of  the 
case,  the  court  finds  that  the  levee  ought  to  be  constructed,  and  is  neces- 
sary and  will  be  conducive  to  the  public  health,  convenience,  or  welfare, 
it  shall  order  the  same  to  be  located,  established  and  constructed ;  and 
it  shall  also  order  and  prescribe  the  site  of  such  levee,  and  shall  direct 
the  engineer  to  finally  locate,  level,  and  measure  the  same,  and  divide 
it  into  suitable  sections,  not  less  in  number  than  the  number  of  owners 
of  land  benefited  by  its  construction,  and  shall  prescribe  the  time  within 
which  the  work  upon  each  section  shall  be  completed,  and  by  whom 
paid  for. 

Sec  4594.  [How  assessments  of  work  to  be  made.]  A  person 
owning  lands  abutting  on  or  over  which  such  levee  shall  pass,  shall  have 
his  section  assigned  thereon,  within  or  along  the  boundary  of  his  lands, 
to  the  extent  of  the  assessment  made  against  such  owner,  when  the  front- 
age is  sufficient,  otherwise  the  same  shall  be  thus  assessed  as  far  as 
practicable ;  and  in  determining  the  number  of  owners,  tenants  in  com- 
mon, and  the  owners  of  a  life  estate  in  anv  tract  of  land  with  tenants 
in  common,  may  be  counted  as  one,  and  the  court  may,  in  its  discretion, 
order  such  tenants  in  common,  and  such  owners  of  a  life  estate,  to  pay 
for  the  work  on  a  single  section  jointly,  in  proportion  to  the  value  of  their 
respective  interests. 

11    Sec-  4595-     [Costs,  and  statements  for  parties.]     The  court  shall 
allow  and  assess  all  reasonable  fees,  costs,  and  expenses  of  locating  and; 


LAWS   RELATING   TO   AGRICULTURE.  13&' 

establishing  such  levee,  and  shall  apportion  the  payment  of  the  same 
equitably  among  the  parties  to  be  benefited  thereby,  and  prescribe  the 
time  within  which  the  assessment  shall  be  paid,  and  render  judgment 
therefor,  to  be  collected  as  other  judgments;  and  the  judge  shall,  if 
requested,  prepare  for  the  use  of  the  party  making  the  request  a  brief 
statement  in  writing,  describing  briefly  his  apportionment  of  the  levee, 
together  with  the  length,  height,  width,  and  slope  of  the  same,  the  amount 
of  costs  assessed  against  such  party,  and  the  expense  of  performing"  the 
work  apportioned  to  such  party,  when  to  be  paid,  and  by  what  time  the 
work  shall  be  completed. 

Sec.  4596.  [Meaning  of  the  word  "levee"  in  this  chapter.]  The 
word  "levee,"  in  this  chapter,  shall  be  understood  to  embrace  and  include,, 
with  or  without  being  specially  mentioned  in  the  petition  for  a  main 
levee,  any  side,  lateral,  or  spur  levee,  or  levees  necessary  to  be  constructed 
to  secure  the  objects  and  purposes  for  which  any  main  levee  may  be 
made. 

Sec.  4597.  [Changes  in  route  authorized.]  The  court  may,  iix 
making  the  final  order,  on  the  recommendation  of  the  viewers  and  engi- 
neer, or  of  the  jury,  alter  or  change  the  termini  and  route  of  a  proposed 
levee,  from  that  set  forth  in  the  petition,  so  as  more  effectually  to  secure 
the  olDJects  and  purposes  of  the  original  petition,  if  the  compensation  for 
lands  appropriated  is  not  affected  thereby. 

Sec.  4598.     [When  another  viewer  or  engineer  appointed.]     If 

a  viewer  or  the  engineer  die,  resign,  or  refuse,  or  neglect  to  perform  the 
duties  required  of  him,  the  court  shall  forthwith  appoint  an  eligible 
person  to  fill  his  place  who  shall  qualify  and  perform  the  duties  the  same 
as  if  originally  appointed. 

Sec  4599.  [When  riprapping  to  be  done.]  If  it  be  found  neces- 
sary by  the  court  to  protect  such  levee  from  being  washed  away  by  high 
waters  or  freshets,  that  any  portion  of  the  same  should  be  riprapped  or 
otherwise  protected  by  stone  or  timber,  in  its  final  order,  it  may  direct: 
additional  work  to  be  done,  particularly  describing  its  kind  and  char- 
acter, and  the  particular  place  and  the  sections  on  which  the  same  shall, 
be  done. 

Sec  4599a.      [Court  may  order  construction  of  flood-gate,  etc.] 

If  it  be  found  necessary  by  the  court  to  construct,  erect,  build  and  operate- 
any  flood-gate  or  flood-gates,  pump  or  pumps,  elevator  or  elevators  along 
any  portion  of  said  levee  for  the  purpose  of  draining  the  lands  benefited 
by  said  levee,  in  its  final  order  it  may  direct  the  same  to  be  done,  par- 
ticularly describing  its  kind  and  character  and  the  place  or  places  and: 
locality  or  localities  on  which  the  same  shall  be  done. 

Sec  45996.  [Assessments  for  operating  expenses  of  flood  gate,, 
pump,  elevator,  etc.]  There  shall  be  levied  and  assessed  according 
to  benefits,  each  year,  upon  all  the  lands  benefited  by  any  particular 
levee,  a  sum  sufficient  to  defray  the  operating  expenses  of  any  flood- 
gate, pump  or  elevator,  or  for  the  purpose  of  defraying  the  expense  of 
any  repair  or  improvement  of  the  same  or  of  any  levee  and  for  all  con- 
tingent expenses. 

Sec  4599c  [County  levee  committee;  appointment;  term;  va- 
cancy.] The  probate  judge,  upon  application  of  a  majority  of  the  per- 
sons interested  in  a  levee  now  constructed,  or  that  may  hereafter  be 
constructed  under  this  chapter,  shall  appoint  three  competent  freeholders 


140  LAWS   RELATING   TO   AGRICULTURE. 

of  the  county  not  interested  in  any  levee  within  the  county,  who  shall 
be  known  as  the  "county  levee  committee,"  and  who  shall  hold  office 
for  two  years  and  until  their  successors  are  appointed,  and  in  case  of 
a  vacancy  from  any  cause,  the  probate  judge  may  fill  such  vacancy  for 
the  unexpired  term. 

[Organization;  annual  meeting.]  Said  committee  shall  elect  one 
of  their  number  secretary  and  the  oldest  member  thereof  shall  be  presi- 
dent, and  said  committee  shall  meet  annually  on  the  first  Thursday  of 
May,  at  ten  o'clock  a.  m.,  at  the  office  of  the  county  commissioners,  which 
meeting  shall  be  a  public  meeting  for  all  persons  interested  in  any  levee 
within  such  county. 

[Record  of  proceedings.]  And  said  committee  shall  keep  a  cor- 
rect record  of  all  their  proceedings  in  a  book  to  be  provided  for  that 
purpose. 

[Hearing  by  committee;  levy  according  to  benefits.]  Said  com- 
mittee shall  hear  all  persons  interested  in  any  levee,  and  shall  determine 
the  amount  of  money  that  will  be  necessary  to  defray  the  expenses  men- 
tioned in  section  4599ft,  for  each  particular  levee,  for  the  period  of  one 
year,  and  such  amount  so  determined  by  said  committee,  shall  be  levied 
and  assessed,  at  such  annual  meeting  or  at  an  adjournment  thereof,  not 
exceeding  ten  days  thereafter,  upon  all  the  lands  benefited  by  each  par- 
ticular levee,  according  to  benefits  to  be  determined  by  said  committee. 

[Naming  of  levees.]  And  said  committee  shall  give  a  name  to 
each  particular  levee,  and  shall  certify  the  amount  levied  and  assessed 
upon  each  parcel  of  land,  for  each  particular  levee,  to  the  county  auditor 
who  shall  place  the  same  upon  the  tax  duplicate  of  the  county  against 
said  lands  and  the  same  shall  be  collected  by  the  county  treasurer  as 
other  special  assessments  are  required  to  be  collected  by  law  together 
with  all  similar  penalties,  and  when  the  same  shall  be  collected  the 
same  shall  remain  in  the  hands  of  the  county  treasurer  in  a  fund  to  be 
named  the  same  as  given  by  said  committee  to  said  levee,  as  aforesaid, 
to  be  certified  to  the  auditor  upon  certifying  the  first  assessment  under 
this  act. 

Sec.  4599c?.  [Contracts.]  Said  county  committee  is  hereby  au- 
thorized upon  a  petition  in  writing  signed  by  a  majority  of  the  persons 
assessed  for  any  levee,  to  enter  into  any  and  all  necessary  contracts  for 
the  repair,  operation,  improvement  and  maintaining  of  any  levee,  pump, 
elevator  or  flood-gate,  which  may  be  prayed  for  in  said  petition,  and  all 
contracts  so  made  by  them  shall  not  be  binding  upon  them  personallv, 
out  in  their  official  capacity,  and  all  of  the  same"  shall  be  paid  out  of  the 
aforesaid  funds  from  the  county  treasurer  so  levied  and  collected  to 
meet  the  same,  upon  the  warrant  of  the  county  auditor  stating  the  name 
of  the  fund  against  which  the  warrant  is  drawn. 

[Committee  to  approve  vouchers  for  money;  what  to  contain.] 
But  before  any  such  warrant  shall  be  drawn  by  the  county  auditor, 
said  county  committee  shall  first  approve  and  allow  a  voucher  therefor 
which  shall  be  signed  by  said  committee  or  a  majority  thereof  and  filed 
with  said  auditor,  and  said  voucher  shall  state  the  name  of  the  levee,  and 
the  fund  out  of  which  any  claim  is  to  be  paid,  and  the  warrant  drawn 
by  the  auditor  shall  be  against  the  fund  mentioned  in  such  voucher,  and 
the  auditor  shall  keep  accounts  of  each  levee  fund  with  said  treasurer 
the  same  as  in  other  cases. 


LAWS    RELATING   TO   AGRICULTURE.  141 

[Compensation  of  committee.]  Said  committee  shall  each  receive 
$2.00  per  day  for  their  service  to  be  allowed  by  the  county  commissioners 
and  paid  out  of  the  county  treasury  not  to  exceed  $20.00  in  any  one 
year  for  each  member. 

Sec.  4600.  [The  jury  and  venire.]  If  at  the  time  set  for  hearing 
the  petition  any  party  in  interest  demand  a  jury  the  probate  judge  shall 
select  and  impanel  a  jury  of  twelve  disinterested  freeholders  of  the 
county,  who  shall  constitute  a  jury  for  the  case,  in  which  case  no  viewers 
shall  be  appointed,  and  the  probate  judge  shall  issue  a  venire  for  such 
jury,  directed  to  the  sheriff  of  the  county,  returnable  at  a  day  therein 
named,  not  exceeding  twenty  days,  which  venire  shall  specify  the  time 
of  meeting  of  the  jury  in  said  court ;  and  the  rights  of  all  the  parties 
in  interest  shall  be  investigated  in  one  case  and  by  one  jury. 

Sec.  4601.  [Impaneling  jury  and  form  of  verdict.]  At  the  time 
fixed  for  the  meeting  of  the  jury,  any  party  interested  may  challenge  any 
juror  for  cause,  and  the  court  shall  hear  and  determine  all  further  pre- 
liminary questions  pertaining  to  the  case,  and  may  direct  the  sheriff 
of  the  county  to  fill  any  vacancies  which  may  then  be  in  the  panel  aris- 
ing from  any  cause;  and  the  judge  shall  thereupon  administer  an  oath 
to  the  jurors,  faithfully  and  impartially  to  try  the  issues  submitted  to 
them  in  the  case,  and  a  true  verdict  render  according  to  the  law  and 
evidence,  and  the  jury  shall  in  their  verdict  report  in  writing  to  the 
court : 

First  —  Whether  the  proposed  levee  will  be  conducive  to  the  public 
health,  convenience,  or  welfare. 

Second  —  The  amount  of  compensation  each  person  claiming  com- 
pensation for  lands  appropriated  for  the  construction  of  the  proposed 
levee,  is  entitled  to  in  case  the  same  is  located. 

Third  —  What  owners  of  lands  should  assist  in  the  construction  of 
the  proposed  levee,  and  in  defraying  the  costs  and  expenses  thereof, 
and  the  lots  and  lands,  and  the  quantity  thereof  which  will  be  benefited 
by  such  levee,  specifying  the  sections  and  work  to  be  done  and  by  whom 
to  be  paid  for,  as  provided  in  this  chapter. 

Sec.  4602.  [Trial  to  the  jury.]  The  jurors  may,  in  the  discre- 
tion of  the  court,  before  making  up  their  verdict,  be  ordered  to  view 
the  premises  along  the  route  of  the  proposed  levee,  and  the  court  shall 
direct  the  engineer  to  make  return,  and  lay  before  the  jury,  the  neces- 
sary maps,  plats,  and  profiles  of  the  proposed  levee  and  the  lands  which 
may  be  affected  by  the  same;  the  parties  in  interest  may  offer  evidence, 
and  may  be  heard  in  person  and  by  counsel  before  the  jury,  and  the 
jury  shall  be  subject  to  the  judicial  direction  of  the  court  in  the  hear- 
ing of  the  case  and  in  making  up  its  findings  or  verdict,  and  shall  return 
a  verdict  within  ten  days  after  being  sworn,  unless  the  court,  for  good 
cause  allow  further  time ;  and  it  is  authorized  to  adjourn  the  proceed- 
ings in  the  premises  as  the  circumstances  of  the  case  may  require. 

Sec.  4603.  [Proceedings  on  the  verdict.]  Upon  the  return  of 
the  verdict  and  report  of  the  jury,  the  court  shall  receive  the  same, 
if  found  regular  and  in  accordance  with  law,  and  thereupon  discharge 
the  jury,  but  if  not  found  regular  and  in  accordance  with  law,  he  shall 
recommit  the  case  to  the  jury  with  proper  instructions,  to  return  the 
same  in  conformity  with  the  law;  and  after  the  jury  have  returned  their 
verdict  and  reported  according  to  law,  they  shall  be  discharged,  and" 
the  court  shall  proceed  to  confirm  the  verdict  and  report,  if  found  to 


142  LAWS   RELATING  TO   AGRICULTURE. 

be  favorable  to  the  construction  of  the  proposed  levee,  and  shall  also 
make  an  order  for  the  payment  of  compensation,  as  found  by  the  jury, 
for  lands  appropriated,  and  also  for  the  performance  of  such  things  as 
the  jury  shall  find  in  their  verdict;  and  the  court  shall  also  make  and 
enforce  such  further  orders  in  the  premises  as  are  prescribed  m  sections 
forty-five  hundred  and  ninety-three,  forty-five  hundred  and  ninety-foiir 
and  forty-five  hundred  and  ninety-live,  and  all  such  orders  as  may  be 
necessary  to  the  complete  accomplishment  of  the  objects  and  purposes 
■of  this  chapter. 

Sec.  4604.  [Fees  and  costs.]  Jurors  and  viewers  shall  each  be 
allowed  pay  at  the  rate  of  one  dollar  and  fifty  cents  per  day,  and  mileage 
at  five  cents  per  mile  from  their  residence  to  the  office  of  the  probate 
judge,  and  from  there  to  the  place  of  the  location  of  the  proposed  levee, 
:in  case  of  a  view ;  and  the  engineer  shall  be  allowed,  not  to  exceed  five 
dollars  per  day,  while  actually  employed,  and  all  other  costs  and  ex- 
penses shall  be  taxed  as  is  provided  by  law  in  similar  cases,  and  all  costs 
and  expenses  of  the  probate  judge  shall  be  collected  and  retained  by 
him,  but  not  in  excess  of  those  allowed  by  any  other  law. 

Sec.  4605.  [Court  may  correct  errors,  etc.]  The  probate  court 
shall  have  power  to  correct  any  irregularities  or  clerical  errors  or  mis- 
takes in  the  report  of  the  viewers,  or  in  the  verdict  of  the  jury  in  relation 
to  the  lots  and  lands,  and  the  quantity  and  the  ownership  thereof,  if  the 
llevee  shall  be  ordered  to  be  constructed,  and  upon  a  final  order  being 
made  for  the  construction  of  the  proposed  levee,  the  judge  shall  make 
a  record  of  the  proceedings  had  in  the  case;  and  the  court  may,  after 
final  order,  extend  the  time  for  the  completion  of  the  work  on  any  sec- 
tion of  the  proposed  levee,  if  deemed  necessary. 

Sec.  4606.  [When  proceedings  to  be  dismissed.]  If  the  viewers 
or  the  jury  report  against  the  construction  of  the  levee,  or  if  the  court  at 
any  stage  of  the  proceedings  before  the  final  order  is  made,  find  that 
such  levee  should  not  be  constructed,  the  court  shall  dismiss  the  pro- 
ceedings at  the  costs  of  the  petitioners,  who  shall  be  bound  jointly  for 
the  costs  and  expenses  with  the  principal  or  principals  on  the  bond  given 
as  provided  in  section  forty-five  hundred  and  eighty-six. 

Sec.  4607.  [Repair  of  levees.]  When  it  becomes  necessary  to 
repair  any  levee  constructed  under  the  provisions  of  this  chapter  or  under 
any  other  law,  or  under  any  agreement  of  the  owners  of  the  lands 
affected  by  such  levee,  the  same  shall  be  done  under  the  provisions  of 
this  chapter,  and  the  proceedings  therefor  shall  conform  as  far  as  pos- 
sible to  proceedings  under  this  chapter  for  the  location  of  a  levee. 

[Franklin  county.]  Provided,  however,  that  in  counties  contain- 
ing a  city  of  the  first  grade  of  the  second  class  when  such  repair  shall 
be  made  necessary  by  reason  of  the  destruction  of  such  levee  by  a 
sudden  flood  the  board  of  county  commissioners  of  such  county  if  in 
their  judgment  they  shall  deem  it  to  be  necessary  for  public  health,  con- 
venience or  welfare  to  make  such  repair  without  delay  at  the  expense 
of  such  county,  shall  therefor  have  the  power  to  issue  the  bonds  of  such 
county  in  the  aggregate  sum  not  to  exceed  fifteen  thousand  dollars 
($15,000)  as  other  bonds  of  said  county  are  issued,  and  shall  further 
have  the  power  to  advertise  for  bids  for  a  period  of  ten  (10)  days  by 
publication  in  such  manner  as  is  otherwise  provided  by  law,  and  shall 
'enter  into  a  written  contract  with  the  lowest  and  best  bidder  for  the 


LAWS   RELATING   TO   AGRICULTURE.  143 

making  of  such  repairs  according  to  the  plans  and  specifications  there- 
for which  shall  be  made  prior  to  the  invitation  for  such  bids  by  the 
county  engineer  of  such  county,  the  due  performance  of  such  contract 
to  be  secured  by  bond  in  such  sum  and  with  such  sureties  as  shall  be 
required  by  the  said  board  of  county  commissioners.  After  the  making 
of  such  repairs  at  the  expense  of  the  county,  such  levee  shall  thereafter 
be  kept  in  repair  according  to  the  other  provisions  of  this  chapter. 

Sec.  4608.  [When  levee  intersects  another  levee.]  If  the  route 
of  any  proposed  levee  extend  along  any  natural  stream  or  water-course 
and  over,  including  or  connected  with  the  line  of  any  levee  already  con- 
structed or  partly  constructed,  the  parties  interested  shall  be  entitled 
to  have  the  amount  of  work  and  expense  they  have  already  been  to 
in  the  construction  of  such  levee,  taken  into  account  in  determining  the 
question  of  what  further  work  and  expense,  if  any,  they  shall  be  re- 
quired to  pay  for,  in  the  construction  of  the  proposed  levee. 

Sec  4609.  [Proceedings  when  levee  benefits  a  road.]  When 
any  levee  established  under  this  chapter  affects  beneficially  any  public 
or  incorporated  turnpike  road  or  railroad  so  that  the  road-bed  or  track 
on  any  such  road  will  be  made  better  or  safer  by  the  construction  of 
the  levee,  there  may  be  apportioned  to  the  county,  if  a  county,  state, 
or  free  turnpike  road,  to  the  township,  if  a  township  road,  and  to  the 
company,  if  a  corporate  turnpike  road  or  railroad,  such  portion  of  the 
work,  costs,  and  expenses  thereof,  as  if  they  were  private  individuals, 
and  the  court  shall  require  them  to  pay  for  such  work  and  pay  such 
costs  and  expenses  in  like  manner  as  individuals,  except  that  when"  a 
county  or  township  is  ordered  to  pay  for  any  such  work  and  pay  such 
costs  and  expenses,  the  commissioners  of  the  county  and  the  trustees 
of  the  township  are  required  to  pay  for  such  work  and  such  costs  and 
expenses  from  the  general  fund  of  the  county,  or  township. 

Sec.  4610.  [The  sale  of  the  work.]  The  levee  shall  be  con- 
structed and  compensation  paid  within  the  time  specified  in  the  order 
of  the  court,  and  upon  the  making  of  the  final  order,  the  judge  shall 
immediately  give  notice  of  the  sale  of  such  work  by  sections,  or  parts 
of  sections,  to  the  lowest  bidder,  by  printed  or  written  handbills;  the 
time  of  sale  shall  not  be  less  than  ten  nor  more  than  twenty  days  from 
the  date  of  the  notice,  and  the  place  shall  be  either  at  the  door  of  the 
court  house,  or  at  either  terminus  of  the  levee,  as  the  judge  may  direct; 
and  he  shall  take  such  security  for  the  performance  of  such  work  and 
for  the  payment  of  all  damages  to  the  parties  interested  in  case  the  same 
is  not  completed  within  the  time  and  in  the  manner  prescribed,  as  he 
may  deem  necessary,  and  he  shall,  immediately  after  such  sale,  enter 
his  proceedings  on  his  journal  and  make  them  a  part  of  the  record  in 
the  case ;  and  he  shall,  in  case  of  a  sale  of  the  work  to  the  person  who 
is  ordered  to  pay  for  the  same,  only  take  the  bond  as  aforesaid. 

Sec  461 1.  [When  assessment  to  go  on  duplicate.]  In  all  other 
cases  the  judge  shall  fix  the  time  within  which  the  parties  who  have  been 
ordered  to  pay  for  the  work  so  sold,  shall  pay  into  the  court  their  por- 
tion of  the  work  at  the  price  so  sold,  and  in  case  the  same  is  not  paid 
by  the  time  so  fixed  he  shall  certify  to  the  county  auditor  the  several 
amounts,  including  costs  and  expenses  apportioned  so  assessed  against 
each  owner  or  person  interested  as  aforesaid,  not  before  paid,  describing 
-each  piece  or  parcel  of  land  so  to  be  charged;  and  the  auditor  shall 


144  LAWS    RELATING    TO    AGRICULTURE. 

thereupon  enter  the  same  on  the  duplicate  to  be  collected  as  other  taxes, 
and  when  collected  the  same  shall  be  paid  over  to  the  persons  entitled 
thereto,  upon  the  order  of  the  probate  judge,  whenever  he  shall  be  sat- 
isfied that  the  several  sections  have  been  completed  according  to  the 
order  of  the  court  before  made ;  in  case  of  a  failure  to  sell  any  portion 
of  the  work  at  any  lettings,  and  in  case  any  purchaser  at  any  letting 
fails  to  give  bond  or  complete  any  part  of  the  work  as  required,  the 
judge  shall  proceed  to  again  let  the  same  and  make  all  necessary  orders 
in  relation  thereto  as  prescribed  in  this  section. 

Sec.  4612.  [Person  materially  affected  may  complain  of  error.] 
No  person  shall  be  permitted  to  take  advantage  of  any  error  committed 
in  any  proceeding  to  locate,  establish,  and  construct,  or  repair  a  levee 
under  the  provisions  of  this  chapter,  nor  of  any  error  committed  by 
the  probate  judge  or  probate  court,  the  viewers,  or  the  jury  in  the  case, 
or  by  the  engineer  or  other  person,  in  such  proceedings,  nor  of  any 
informality,  error,  or  defect  appearing  in  the  record  of  the  proceedings, 
nor  of  want  of  notice  to  the  owner  of  any  lands  affected  thereby,  unless 
the  party  complaining  is  first  shown  to  be  materially  and  substantially 
affected  thereby. 

Sec.  4613.  [And  may  have  relief.]  But  the  court  in  which  any 
action  may  be  brought  to  enjoin,  reverse,  or  declare  void  the  proceed- 
ings by  which  any  such  levee  is  ordered  to  be  located,  established,  con- 
structed, or  repaired,  or  to  enjoin  the  performance  of  any  work,  or  the 
assessment  or  collection  of  any  costs  and  expenses  ordered  by  the  pro- 
bate court  for  the  purposes  aforesaid,  may,  if  there  be  manifest  error 
in  such  proceedings  affecting  materially  the  substantial  rights  of  anv 
plaintiff,  in  such  action,  set  the  same  aside  as  to  such  plaintiff  without 
affecting  the  rights  or  liabilities  of  the  other  parties  in  interest;  and 
the  court  shall,  on  the  final  hearing,  make  such  order  in  the  premises  as 
may  seem  equitable,  and  just,  and  may  order  the  work  done,  and  the 
costs  and  expenses  paid,  by  the  plaintiff,  or  the  amount  of  money  re- 
turned to  the  auditor  of  the  county  against  the  plaintiff,  or  anv'  part 
thereof,  to  remain  on  the  duplicate  for  collection,  or  may  perpetually 
enjoin  the  same  or  any  part  thereof ;  the  costs  of  such  action,  and  of  the 
proceedings  had  therein  shall  be  apportioned  among  the  parties,  or 
paid  out  of  the  county  treasury,  in  whole  or  in  part,  as  justice  and  equity 
may  require  and  the  court  direct.  ' 

Sec.  4614.  [When  and  how  township  trustees  may  establish 
levees.J  lhe  trustees  of  any  township  through  which  a  stream  or 
river  subject  to  overflow  passes  may,  on  application  of  any  partv,  enter 
upon  any  land  in  their  township  to  view  any  proposed  levee  or  embank- 
ment, for  the  purpose  of  protecting  any  land,  held  bv  more  than  one 
?£?°fV nlCause  such  levee  or  embankment  to  be  located  and  con- 
structed, whenever  m  their  opinion,  the  same  is  demanded  bv  or  will 
be  conducive  to  the  public  health,  convenience,  or  welfare-  and  they 
Xinrtn^hf  lPnVate.-PrOP7ty'.  accordi^  to  the  provisions  of  law 
tion  ftf-  hn  Xli7rlr°Prmi0n  °r  Pnvate  pr°Pert>'  to  th^  "se  of  corpora- 
ls 'section  ft  e  ~7  Proce*dines  sha"  be  taken  by  the  trustees  under 
In  J  '.        expenses  and  costs  of  location  and  construction    and 

s  n?cHnnCn°fS  ?  ^  ^T^  ^i^  °f  inddent  to  the  locati™  or'  con- 
ees  bv  th.  n^rP°Sed  leV(^  S^a11  ^  ™nteed  or  paid  to  the  trus- 
he  levee  °F  *°m*  '  interested  in  the  construction  of 


LAWS    RELATING    TO    AGRICULTURE.  145 


STATE    ROADS. 


Sec.  4615*  [How  state  roads  laid  out,  and  width.]  All  state 
roads,  hereafter  laid  out,  shall  be  not  more  than  sixty  nor  less  than 
forty  feet  wide,  and  proceedings  therefor  shall  be  by  petition  to  the  county 
commissioners,  as  hereinafter  provided. 

Sec.  4616.  [Petition  for;  what  to  contain.]  All  petitions^for  a 
state  road  shall  specify  the  place  of  the  beginning,  the  intermediate 
points,  if  any,  and  the  place  of  termination  of  the  road. 

Sec  4617.  [Commissioners  to  view,  and  survey  proposed  road.] 
On  application  by  petition  signed  by  at  least  twenty  freeholders  of  each 
county  through  which  it  is  proposed  to  lay  out  and  establish  any  state 
road,  the  board  of  commissioners  of  each  county  shall  appoint  one 
disinterested  freeholder  of  their  respective  counties  as  a  commissioner 
to  act  with  other  commissioner^  c,o  appointed  from  each  county  to  view 
and  survey  the  proposed  road;  provided,  that  when  said  proposed  road 
affects  but  two  counties  the  county  commissioners  of  the  county  in  which 
three-fifths  or  more  of  such  proposed  road  is  to  be  located  shall  appoint 
two  such  commissioners  to  view  and  survey  the  same ;  provided  further, 
that  when  such  proposed  road  afreets  but  two  counties  and  the  sections 
of  the  same  in  the  several  counties  are  approximately  equal  in  length 
the  surveyor  or  engineer  appoint-d  in  pursuance  of  section  4619  herein 
shall  be  a  third  commissioner  to  view  and  survey  the  same. 

Sec  4618.  [Bonds  to  be  given.]  Previous  to  granting  an  order 
on  such  petition  one  of  the  parties  in  each  county  interested  in  the  location 
of  the  road,  shall  enter  into  a  bond  with  two  or  more  responsible  free- 
holders in  such  county  as  sureties,  to  the  satisfaction  of  the  county 
commissioners,  payable  to  the  state,  and  conditioned  for  the  payment 
of  all  expenses  which  may  accrue  in  the  location  of  the  road,  in  case 
the  same  should  not  be  established  a  public  highway. 

Sec  4619.  [Duties  of  county  commissioners.]  On  the  filing  of 
a  petition  and  bond,  which  shall  be  at  the  same  session  of  the  commis- 
sioners in  each  of  the  counties  interested  in  the  location  of  the  road, 
the  commissioners  shall  issue  their  order,  directing  the  commissioners 
by  them  appointed,  to  meet  at  the  place  of  the  beginning  of  the  road, 
on  the  first  Wednesday  of  the  month  then  next  ensuing,  and  such  com- 
missioners, when  met,  shall  employ  a  skillful  surveyor,  chain  carriers, 
a  marker,  and  other  assistants,  if  necessary,  and  proceed  to  the  discharge 
of  the  duties  of  their  appointments  respectively ;  and  each  commissioner, 
surveyor,  and  chain  carrier  shall,  before  entering  on  the  duties  of  his 
appointment,  take  an  oath  to  discharge  his  duties  faithfully  and  according 
to  law. 

Sec  4620.  [Route  of  road,  etc.]  Each  road  shall  be  la'd  out 
from  the  place  of  beginning  to  the  place  of  termination  on  the  most 
direct  route  that  suitable  ground  can  be  found  whereon  to  establish  the 
same,  always  having  regard  to  the  intermediate  points,  if  any,  and  all 
roads  established  agreeably  to  the  provisions  of  this  chapter  shall  be 
opened  and  considered  public  highways. 

Sec  4621.  [Duties  of  road  commissioners.]  The  commissioners 
appointed  to  lay  out  and  establish  the  road,  shall  cause  the  same  to  be 
correctly  surveyed  and  marked  throughout  the  whole  distance  of  the 

10     F.  H.  B. 


1-U;  LAWS   RELATING   TO   AGRICULTURE. 

same,  and  note  the  courses  and  distances  thereof;  and  at  the  end  of  each 
mile,  shall  mark  the  number  thereof,  on  a  tree,  or  a  monument  erected 
by  them  for  that  purpose ;  and  the  commissioners  and  surveyor  of  each 
road  shall  make  a  certified  return  of  the  survey  and  plat  of  the  whole 
length  of  the  road,  specifying  therem  the  distance  the  same  is  laid  out 
in  each  county,  and  whether,  in  their  opinion,  the  public  convenience 
requires  the  establishment  of  the  road,  or  any  part  thereof;  one  com- 
plete copy  of  which  return  shall  be  signed  by  a  majority  of  the  road 
commissioners  and  the  surveyor,  and  immediately  deposited  in  the  com- 
missioners' office  in  each  county  in  which  any  part  of  the  road  is  laid 
out,  and  the  auditor  of  the  county  shall  file  the  same  in  his  office. 

Sec.  4622.  [Notice  by  advertisement.]  If  the  commissioners 
report  in  favor  of  the  establishment  of  the  road,  the  county  commis- 
sioners of  the  respective  counties  shall,  at  their  next  session  after  the 
filing  of  the  report,  order  the  auditor  to  cause  a  notice  thereof  to  be 
published  in  some  newspaper  of  general  circulation  in  the  county,  for 
four  consecutive  weeks  before  the  next  meeting  of  the  board,  notifying 
all  parties  interested  in  the  establishment  of  the  same,  that  the  com- 
missioners of  the  counties  will  hear  parties  in  favor  of  or  against  the 
establishment  of  the  road,  and  the  application  for  damages,  and  com- 
pensation for  lands  appropriated,  of  any  person  on  account  of  the  location 
of  the  road  through  his  lands. 

Sec.  4623.  [Second  publication  of  notice.]  All  persons  who  do 
not  make  application  for  compensation  or  damages  at  the  next  regular 
session  of  the  commissioners,  after  the  publication  of  such  notice,  shall 
be  considered  and  held  to  have  released  all  claim  to  damages  by  reason 
of  the  location  of  the  road ;  and  if  there  be  any  lands,  the  owners  of  which 
have  not  granted  the  right*  of  way,  nor  filed  their  application  for  dam- 
ages with  the  county  commissioners,  the  whole  case  shall  be  continued  to 
the  next  regular  session  of  the  commissioners,  and  they  shall  again  order 
the  auditor  to  cause  notice  to  such  owners  and  all  other  persons  inter- 
ested, to  be  published  in  some  newspaper  of  general  circulation  in  the 
county,  for  four  consecutive  weeks  before  their  next  meeting,  that  they 
will,  at  such  meeting,  hear  all  applications  for  damages. 

Sec.  4624.  [Appointment  of  officers  to  assess  damages.]  If  any 
person  consider  himself  aggrieved  by  the  location  or  widening  of  the 
road  through  his  premises,  he  shall  file  a  petition  in  writing,  describing 
the  lands  in  which  he  claims  damages,  with  the  commissioners  of  the 
proper  county,  at  their  next  regular  session  after  the  publication  of 
the  notice  provided  for  in  the  preceding  sections ;  and  the  commissioners 
shall  appoint  a  jury  of  three  disinterested  freeholders  of  the  county, 
who,  after  taking  an  oath  to  faithfully  and  impartially  discharge  the 
duties  imposed  upon  them  by  this  chapter,  shall  proceed  to  view  the  road 
the  entire  distance  the  same  may  have  been  located  through  the  premises 
of  the  complainant,  and  of  minors,  idiots,  lunatics,  or  insane  persons, 
where  the  same  are  known,  and  assess  the  compensation  to  be  paid  in 
money  for  the  property  sought  to  be  appropriated,  without  deduction 
for  benefits  arising  from  the  location  of  the  road ;  but  the  petitioners  for 
the  road,  or  any  one  of  them,  may  obtain  a  relinquishment  of  damages 
and  right  of  way  from  any  person  through  whose  land  the  road  may 
be  located. 

Sec.  4625  [Payment  of  damages.]  If  the  commissioners  are 
satisfied  that  the  amount  so  assessed  and  determined  by  the  jury  afore- 


LAWS    RELATING   TO   AGRICULTURE.  147 

said  to  be  just  and  equitable,  and  that  the  road  or  any  part  thereof  will, 
in  their  opinion,  be  of  sufficient  importance  to  the  public  to  cause  the 
compensation  and  damages  to  be  paid  by  the  county,  they  shall  order  the 
same  to  be  paid  to  the  claimant  from  the  county  treasury;  but  if,  in 
their  opinion,  the  road  is  not  of  sufficient  importance  to  the  public, 
to  cause  the  same  to  be  paid  by  the  county,  they  may  refuse  to  establish 
the  same  a  public  highway,  unless  the  damages  and  expenses  are  paid 
by  the  petitioners ;  but  if  there  be  no  applications  for  damages,  or  the 
damages  are  paid  by  the  county  or  petitioners,  then  and  in  either  case, 
the  commissioners  may  establish  the  same  a  public  highway,  and  order 
the  same  to  be  recorded. 

Sec.  4626.  [Compensation  of  commissioners,  employes,  etc.] 
The  following  persons  required  to  render  services  under  this  chapter,  shall 
receive  compensation  for  each  day  necessarily  employed,  as  follows,  to  wit : 
Commissioners  two  dollars,  chain  carriers,  markers,  and  other  assistants, 
one  dollar,  and  surveyors  two  dollars  and  fifty  cents,  per  day,  each,  to  be 
charged  as  costs  and  expenses;  the  commissioners  to  be  paid  out  of  the 
county  treasury  of  their  respective  counties,  on  the  order  of  the  county 
auditor;  and  the  fees  of  the  surveyor,  marker,  chain  carriers,  and  other 
assistants,  shall  be  equally  divided  among  all  the  counties  interested, 
and  paid  out  of  the  county  treasury  of  the  respective  counties,  on  the  order 
of  the  county  auditors. 

Sec.  4627.  [Appeals.]  An  appeal  from  the  final  decision  of  the 
commissioners,  or  [on]  any  application  for  damages  or  compensation 
sustained  by  the  location  of  any  state  road,  shall  be  allowed  to  the  probate 
court  of  the  proper  county,  if  notice  of  such  appeal  be  given  by  the 
appellant  during  the  same  session  of  the  commissioners  at  which  such 
decision  was  made,  and  the  appellant  shall,  within  ten  days  thereafter, 
enter  into  bond  with  good  and  sufficient  surety,  to  be  approved  by  the 
county  auditor,  for  the  payment  of  all  costs  and  expenses,  arising  from, 
or  in  consequence  of,  such  appeal ;  and  the  appellant  shall,  within  five 
days  thereafter,  deliver  to  the  probate  judge  a  transcript  of  the  pro- 
ceedings had  before  the  commissioners. 

Sec.  4628.  [The  jury,  and  its  proceedings.]  Upon  receiving  the 
transcript,  the  judge  shall  immediately  issue  a  summons  against  the 
obligors  in  the  bond  filed  under  section  four  thousand  six  hundred  and 
eighteen  which  shall  be  served  and  returned  as  other  writs  of  like  char- 
acter; in  such  suit  the  appellant  shall  be  plaintiff  and  the  obligors  de- 
fendants ;  and  upon  the  return  of  service,  the  judge  shall  cause  a  jury 
of  twelve  men  to  be  selected  and  returned  by  the  sheriff  and  clerk  as 
provided  by  law,  and  such  proceedings  and  trial  may  be  had  before  the 
jury  as  are  provided  in  chapter  four ;  and  upon  return  of  their  verdict 
to  the  probate  judge,  he  shall  enter  the  same  on  record,  with  the  former 
proceedings,  and  certify  the  decision  to  the  county  auditor,  and  the 
decision  made  and  recorded  shall  be  final,  except  as  hereinafter  pro- 
vided.- 

Sec.  4629.  [Costs  on  appeal.]  In  all  cases  of  appeal  from  the 
final  decision  of  the  county  commissioners,  as  provided  in  section  four 
thousand  six  hundred  and  tiventy-seven,  the  appellant  shall  pay  all  costs 
that  may  accrue  in  consequence  of  said  appeal,  unless  the  award  rendered 
by  the  jury  in  the  probate  court  shall  exceed  in  amount  the  award 
rendered  by  the  jury  appointed  by  the  county  commissioners. 


148  LAWS   RELATING   TO    AGRICULTURE. 

Sec  4630.  [When  costs  and  damages  paid  by  county.]  If,  upoi* 
the  reception  of  the  decision  obtained  in  the  probate  court,  the  county 
commissioners  shall  not  deem  the  road  of  sufficient  importance  to  cause 
the  expenses  incurred  and  damages  assessed  in  the  probate  court  to  be 
paid  by  the  county,  they  may  refuse  to  establish  the  same,  unless  the 
parties  interested  in  the  location  of  the  road  shall  pay  or  cause  to  be 
paid.  before  the  opening  of  the  road,  to  the  satisfaction  of  the  county 
commissioners,  in  case  the  road  is  established  a  highway,  all  expenses- 
incurred  and  damages  assessed ;  but  the  commissioners,  if  in  their  opinion 
a  part  only  of  the  road  will  be  of  public  utility,  may  record  and  establish, 
such  useful  part,  and  reject  the  residue,  in  case  it  be  capable  of  division. 

Sec.  4631.  [When  the  road  can  be  established.]  If  the  expense 
and  damages  are  paid  or  secured  to  be  paid  as  aforesaid,  or  the  commis- 
sioners direct  the  same  to  be  paid  by  the  county,  then  and  in  either  case, 
they  shall  enter  an  order  that  the  road  be  established  a  public  highway. 

Sec.  4632.  [Fees  and  costs.]  For  services  required  by  sections 
forty-six  hundred  and  twenty-seven  and  forty-six  hundred  and  twenty- 
eight,  the  officers  and  other  persons,  shall  each  be  entitled  to  the  same 
fees  as  they  are  entitled  to  by  law  for  like  services  in  other  cases;  the 
auditors  to  be  paid  out  of  the  county  treasury,  and  the  judge  and  others 
entitled  to  fees,  to  be  taxed  in  the  bill  of  costs  in  the  cause  in  court. 

Sec.  4633.  [How  width  reduced.]  The  county  commissioners 
of  any  county,  upon  notice  given  in  some  newspaper  of  general  circu- 
lation in  the  county,  for  four  consecutive  weeks,  and  on  petition  pre- 
sented to  them,  signed  by  at  least  twelve  freeholders  of  the  county,  if 
they  deem  it  just  and  proper  so  to  do,  may  reduce  the  width  of  any  state 
road,  or  any  part  thereof,  to  any  width  not  less  than  forty  feet,  or 
increase  the  width  of  any  such  road  to  any  width  not  more  than  sixty 
feet,  and  shall  order  the  county  auditor  to  make  a  record  of  the  same;: 
but  the  commissioners  shall,  previous  to  making  any  such  order,  appoint 
three  disinterested  citizens  of  the  county,  to  view  and  report  to  them, 
under  oath,  as  to  the  utility  of  such  proposed  change,  and  also  the  width 
which,  in  their  opinion,  would  be  necessary. 

Sec.  4634.  [How  road  turned,  altered,  vacated,  etc.]  Any  part 
of  a  state  road  in  any  county  may  be  turned  or  altered,  or  its  beginning 
or  true  course  ascertained,  or,  where  it  has  become  useless  or  has 
remained  unopened  for  the  term  of  five  years,  may  be  vacated,  by  the 
commissioners  of  such  county,  and,  when  it  has  been  injured  or  destroyed, 
it  may  be  repaired  by  the  township  trustees ;  and  proceedings  for  such 
purposes  shall  be  had  and  conducted  as  provided  in  like  cases  for  countv 
roads. 

Sec.  4635.  [Alterations  in  state  roads  established.]  That  all 
alterations  of  state  roads  heretofore  or  hereafter  made  and  established, 
shall  form  a  part  of  said  road,  and  so  much  of  the  original  road  as  lies 
between  points  at  which  the  alterations  intersect  shall  be  and  remain 
vacated. 

Sec.  46*6.  [Vacation  by  non-user.]  Any  state  road  or  part  of 
such  road  which  has  heretofore  been  authorized,  which  remains  unopened 
for  public  use  for  the  space  of  ten  years,  shall  be  vacated,  and  the  au- 
thority for  opening  revoked  for  non-user. 


LAWS    RELATING   TO   AGRICULTURE.  149 


COUNTY   ROADS. 


Sec.  4637.  [Width  of  county  roads.]  All  county  roads  hereafter 
laid  out  and  established  shall  not  be  less  than  thirty  nor  more  than  sixty 
feet  wide,  to  be  determined  by  the  viewers  as  hereinafter  provided,  ex- 
cept that  when  the  road  is  upon  the  state  line,  the  county  commissioners 
may  determine  the  width  not  less  than  fifteen  nor  more  than  thirty  feet 
of  the  land  to  be  taken  in  this  state ; 

[Hamilton  county.]  And  provided,  further,  that  in  any  case 
where,  in  any  county  containing  a  city  of  the  first  grade  of  the  first  class, 
a  steam  or  electric  road  has  been  or  may  be  established  on  and  along  any 
county  road  or  state  road  under  the  control  or  supervision  of  the  county 
commissioners,  the  county  commissioners  may  determine  the  width  of 
the  whole,  or  any  part  of  said  road  over  which  said  railroad  passes,  or 
may  pass,  not  exceeding  eighty  feet;  but  in  all  such  cases  the  damages 
assessed  by  the  viewers,  on  account  of  the  establishment  or  widening  of 
such  road,  as  provided  by  law  in  chapter  2,  title  7  of  the  Revised  Stat- 
utes of  Ohio,  unless  voluntarily  paid  shall  be  duly  assessed  upon  the 
property  abutting  upon  the  road  or  part  of  road  so  established  or  widened, 
by  the  front  foot ;  the  same  to  be  done  and  collected  in  three  annual  in- 
stallments, as  provided  by  law,  governing  assessments  by  municipal  cor- 
porations. 

Sec.  4637-1.     [County  roads;  power  of  commissioners.]     On  a 

petition  therefor  signed  by  the  owners  of  at  least  a  majority  of  the  foot 
frontage  on  any  county  road  or  part  thereof,  heretofore  established  or 
hereafter  to  be  established,  the  county  commissioners  may  do  any  one 
or  more  of  the  following  acts  or  things-: 

"a.  Cause  the  county  surveyor  to  establish  a  grade  along  said  road, 
or  part  thereof,  subject  to  the  approval  of  said  commissioners. 

b.  Cause  said  road  or  part  thereof  to  be  widened,  altered  or  estab- 
lished to  a  greater  width  than  sixty  feet  and  not  more  than  one  hundred 
feet,  to  be  determined  by  the  viewers  as  provided  in  this  chapter. 

c.  Grade,  drain,  curb,  pave  and  improve  said  road,  or  part  thereof, 
proceeding  in  the  making  of  the  same  in  the  manner  prescribed  in  section 
2824a  of  the  Revised  Statutes. 

[Sec]   4637-2.     [Damages,  costs  and  expenses;  how  paid.]     The 

county  commissioners  may  assess  the  damages  on  account  of  the  widen- 
ing, altering  or  establishing  of  said  road  or  part  thereof,  also  the  costs 
and  expenses  of  any  or  all  of  said  improvements  or  such  part  of  said 
damages,  costs  and  expenses  as  they  may  deem  equitable  under  the  cir- 
cumstances upon  the  taxable  property  abutting  upon  such  road  or  part 
thereof,  either  according  to  the  foot  frontage  or  according  to  the  bene- 
fits. The  county  commissioners  are  hereby  created  an  assessing  board 
for  the  purpose  of  assessing  the  damages,  costs  and  expenses,  as  herein 
set  forth,  upon  the  abutting  property  as  aforesaid. 

[Sec]  4637-3.  [Part  of  expense  may  be  paid  from  county  treas- 
ury or  improvement  fund.]  The  commissioners  may  order  such  part 
of  the  damages,  cost  and  expense  of  such  improvement  as  they  may  deem 
equitable,  to  be  paid  out  of  the  county  treasury,  or  out  of  any  state  and 
•county  road  improvement  fund. 

[Sec]  4637-4.  [Notice  of  assessment.]  Before  adopting  the 
; assessments  so  made,  the  county  commissioners  shall  publish  notice  for 


150  LAWS    RELATING    TO    AGRICULTURE. 

three  weeks  consecutively,  in  some  newspaper  of  general  circulation  in 
the  county,  that  such  assessments  have  been  made,  and  that  the  same 
are  on  file  in  the  office  of  the  county  commissioners  for  the  inspection 
and  examination  of  the  persons  interested  therein. 

[Sec.]  4637-5.  [Filing  of  objections  to  assessments.]  If  any 
person  objects  to  the  assessment  he  shall  file  his  objections  in  writing 
with  the  board  of  county  commissioners  within  two  weeks  after  the  ex- 
piration of  the  said  notice,  and  thereupon  the  board  shall  appoint  three 
disinterested  freeholders  of  the  county  to  act  as  an  equalizing  board. 

[Sec.]  4637-6.  [Hearings  by  equalizing  board.]  Upon  a  day 
appointed  by  the  commissioners  for  that  purpose,  such  equalizing  board, 
after  taking  an  oath  before  a  proper  officer  honestly  and  impartially  to 
discharge  their  duties,  shall  hear  and  determine  all  objections  to  the 
assessment,  and  equalize  the  same  as  they  may  think  proper,  which 
equalized  assessment  they  shall  report  to  the  board  of  county  commis- 
sioners, which  shall  have  power  to  confirm  the  same  or  set  it  aside  and 
cause  a  new  assessment  to  be  made,  and  appoint  a  new  equalizing  board 
possessing  the  same  qualifications,  which  shall  proceed  in  the  manner 
above  provided. 

[Sec]  4637-7.  [Confirmation  of  assessments.]  When  the  assess- 
ment is  confirmed  by  the  county  commissioners  it  shall  be  complete  and 
final;  provided  that  whenever  by  any  of  the  provisions  of  this  act  any 
act  or  thing  is  required  to  be  done  by  the  county  commissioners  the  con- 
currence of  two-thirds  of  said  county  commissioners  shall  be  deemed 
sufficient. 

[Sec]  4637-8.  [Assessment  upon  real  estate  subject  to  life  es- 
tate.] When  such  [an] assessment  is  made  upon  real  estate  subject 
to  a  life  estate,  the  provisions  of  section  2268  of  the  Revised  Statutes 
shall  apply. 

[Sec]  4637-9.  [Collection  of  assessments.]  The  assessments 
so  made  shall  be  certified  by  the  commissioners  to  the  auditor  of  the 
county,  who  shall  place  the  same  on  the  tax  list  against  such  taxable 
property,  which  shall  thereupon  become  a  lien  upon  such  property,  and 
the  same  shall  be  collected  as  other  taxes,  in  not  to  exceed  ten  annual 
installments ;  provided  that  said  commissioners  may,  after  the  amount 
of  one  installment  of  said  assessment  has  been  paid,  in  anticipation  of 
the  collection  of  the  balance  of  such  assessment,  issue  their  notes  for  the 
balance  of  the  whole  amount  of  damages,  cost  and  expenses,  and  cause 
the  damages  to  be  paid  at  once,  also  the  improvement  to  be  made  at 
once,  in  which  case  interest  at  the  rate  of  five  per  cent,  per  annum  may 
be  added  to  all  unpaid  installments  and  collected  therewith. 

[Sec]  4637-10.  [Land  not  to  be  taken  until  damages  are  paid.] 
The  county  commissioners  shall  not  take  possession  of  any  land  appro- 
priated for  the  purpose  of  a  county  road  until  the  damages  assessed  for 
the  same  shall  be  paid; 

[Abandonment  of  appropriation  proceedings.]     And  they   may 
abandon  any  proceedings  for  the  appropriation  of  land  for  road  purposes 
upon  the  payment  of  the  defendant's  costs,  expenses  and  attorney  fees. 
as  found  by  the  court; 

[Damages  not  to  be  paid  until  assessments  aire  collected.]  And 
in  all  cases  where  the  county  commissioners  decide  to  collect  said  damages. 


LAWS    RELATING    TO    AGRICULTURE.  151 

by  assessing  the  same  on  abutting  property,  they  shall  not  be  required 
to  pay  such  damages  until  the  same  are  collected  by  assessment, 

[Effect  of  failure  to  certify  assessments.]  But  the  failure  of  the 
county  commissioners  to  so  certify-  an  assessment  for  such  damages  to 
the  county  auditor  to  be  jplaced  upon  the  tax  duplicate  in  such  install- 
ments as  they  may  determine  upon  so  that  one  installment  may  be  placed 
upon  the  first  duplicate  made  up  after  the  determination -of _the^  entire 
amount  thereof,  shall  be  considered  as  an  abandonment  of  the  property, 
rights  and  interests  so  appropriated. 

(4637-11)  Sec.  3.  [Provisions  of  statutes  which  should  apply; 
right  of  appeal.]  All  the  provisions  of  title  7,  chapter  2,  and  of  title 
13,  chapter  5,  of  the  Revised  Statutes,  so  far  as  the  same  are  not  incon- 
sistent herewith,  shall  apply  to  all  levies  made  and  to  all  roads  estab- 
lished, widened  or  altered  and  improved  under  the  provisions  of  this 
act,  and  the  same  right  to  appeal  to  the  probate  court  as  now  exists  under 
the  provisions  of  title  7,  chapter  4,  of  the  Revised  Statutes  is  reserved. 

Sec.  4637a.  Sec.  i.  [Establishment  or  alteration  in  Cuyahoga 
county.]  That  in  any  county  containing  a  city  of  the  second  grade 
of  the  first  class,  the  commissioners  may  establish  county  roads  of  the 
width  not  to  exceed  one  hundred  feet,  and  may  cause  to  be  widened  or 
altered  not  to  exceed  the  width  of  one  hundred  feet  such  county  roads 
or  parts  thereof  as  may  heretofore  have  been  established,  and  upon  the 
petition  of  the  owners  of  a  majority  of  the  foot  frontage  along  any 
county  road,  the  county  commissioners  shall  direct  the  county  surveyor 
to  establish  a  grade  along  such  road,  or  any  part  thereof,  subject  to  the 
approval  of  said  commissioners ;  provided,  however,  that  the  petitioners 
therefor  shall  represent  not  less  than  one  mile  of  the  foot  frontage  of 
said  road. 

Sec  4637;?.  Sec  2.  [Assessments.]  In  all  cases  where  county 
roads  may  hereafter  be  established,  widened  or  altered  by  virtue  of  this 
section,  the  county  commissioners  who  are  hereby  created  an  assessing 
board  for  the  purpose  of  assessing  the  cost  and  expense  as  set  forth 
herein,  may,  instead  of  requiring  the  compensation  and  damages  for  the 
land  taken  and  expense  of  grading  and  draining  said  road  to  be  paid 
in  whole  or  in  part  out  of  the  county  treasury  or  by  the  petitioners,  as 
provided  in  section  4651  of  the  Revised  Statutes,  assess  the  same  or 
such  part  thereof  as  they  may  deem  equitable  under  the  circumstances, 
upon  the  lots  or  lands  abutting  upon  the  said  improvement  and  upon 
lots  and  lands  benefited  thereby  and  in  making  such  assessments  regard 
must  be  had  as  far  as  practicable  to  the  benefits  conferred  upon  the 
property  assessed. 

Sec  4637c.  Sec  3.  [Certification  and  collection  of  assessments.] 
The  assessment  so  made  shall  be  certified  by  the  commissioners  to  the 
auditor  of  the  county,  who  shall  place  the  same  on  the  tax  list  against 
such  taxable  property,  which  shall  thereupon  become  a  lien  upon  such 
property,  and  the  same  shall  be  collected  as  other  taxes  in  not  to  exceed 
five  annual  installments ;  provided,  that  said  commissioners  may,  in  an- 
ticipation of  the  collection  of  such  assessment,  cause  the  whole  of  such 
compensation,  damage  and  expense  to  be  paid  at  once  out  of  the  COunty 
treasury  to  the  parties  entitled  thereto,  in  which  case  interest  at  the  rate 
of  five  per  cent,  per  annum  may  be  added  to  all  the  unpaid  installments 
and  collected  therewith. 


152  LAWS    RELATING    TO    AGRICULTURE. 

Sec.  4637^  Sec.  5.  [Portion  paid  by  county.]  The  commis- 
sioners may  order  such  part  of  the  compensation,  damages  and  cost  as 
they  may  deem  equitable,  to  be  paid  out  of  die  county  treasury. 

Sec.  4637^  Sec.  6.  [Notices  of  assessments.]  Before  adopting 
the  assessments  so  made,  the  county  commissioners  shall  publish  notices 
for  three  weeks  consecutively,  in  some  newspaper  of  general  circulation 
in  the  county,  that  such  assessments  have  been  made,  and  that  the  same 
is  [are]  on  file  in  the  office  of  the  county  commissioners  for  the  inspec- 
tion and  examination  of  persons  interested  therein. 

Sec.  463 7£.  Sec.  7.  [Objections  to  assessments.]  If  any  per- 
son objects  to  the  assessment,  he  shall  file  his  objections  in  writing  with 
the  board  of  county  commissioners  within  two  weeks  after  the  expiration 
of  the  said  notice,  and  thereupon  the  board  shall  appoint  three  disin- 
terested freeholders  of  the  county  to  act  as  an  equalizing  board. 

Sec.  4637/L  Sec.  8.  [Equalization  of  assessments.]  On  a  day 
appointed  by  the  commissioners  for  that  purpose,  such  board,  after  tak- 
ing an  oath  before  a  proper  officer  honestly  and  impartially  to  discharge 
their  duties,  shall  hear  and  determine  all  objections  to  the  assessment 
and  equalize  the  same  as  they  may  think  proper,  which  equalized  assess- 
ment they  shall  report  to  the  board  of  county  commissioners,  which 
shall  have  the  power  to  confirm  the  same,  or  set  it  aside  and  cause  a  new 
assessment  to  be  made,  and  appoint  a  new  equalizing  board  possessing 
the  same  qualification,  which  shall  proceed  in  the  manner  above  provided. 

Sec.  4637/.  Sec.  9.  [Confirmation.]  When  the  assessment  is 
confir:  ed  by  the  county  commissioners,  it  shall  be  complete  and  final: 
provl  _d,  that  whenever  by  any  of  the  provisions  of  this  act  any  act  or 
thing  is  required  to  be  done  by  the  county  commissioners,  the  concurrence 
of  two-thirds  of  said  county  commissioners  shall  be  deemed  sufficient. 

Sec.  46377.  Sec.  10.  [Laws  applicable.]  All  of  the  provisions 
of  title  7,  chapter  2,  of  the  Revised  Statutes,  so  far  as  the  same  are  not 
inconsistent  herewith,  shall  apply  to  all  roads  established,  widened  or 
altered  under  the  provisions  of  this  act,  and  the  same  right  to  appeal  to 
the  probate  court  as  now  exists  under  the  provisions  of  title  7,  chapter 
4,  of  the  Revised  Statutes,  is  reserved. 

Sec.  4637^.  [Widening  and  alteration  of  roads  in  Lorain  county. ] 
That  in  any  county  having  at  the  last  federal  census,  a  population  of  not 
less  than  40,295,  nor  more  than  40,298,  the  commissioners  may  cause 
to  be  widened  or  altered  not  to  exceed  the  width  of  eighty  feet  such 
county  roads  or  parts  thereof  as  may  heretofore  have  been  established, 
and  upon  the  petition  of  the  owners  of  a  majority  of  the  foot  frontage 
along  any  county  road,  the  county  commissioners  shall  direct  the  county 
surveyor,  to  establish  a  grade  along  such  road,  or  any  part  thereof,  sub- 
ject to  the  approval  of  said  commissioners;  provided,  however,  that 
the  petitioners  therefor  shall  represent  not  less  than  one-half  mile  of  the 
foot  frontage  of  said  road. 

(4637&-1)  Sec.  2.  [Assessment  of  compensation  and  damages.] 
In  all  cases  where  the  county  roads  may  hereafter  be  established,  widened 
or  altered  by  virtue  of  this  action,  the  county  commissioners  who  are 
hereby  created  an  assessing  board  for  the  purpose  of  assessing  the  cost 
and  expense  as  set  forth  herein,  may,  instead  of  requiring  the  compen- 
sation and  damages  for  the  land  taken  and  expense  of  grading  and 


LAWS    RELATING   TO   AGRICULTURE.  .         153 

draining  said  road  to  be  paid  in  whole  or  in  part  out  of  the  county  treas- 
ury or  by  the  petitioners,  as  provided  in  section  4651  of  the  Revised 
Statutes,  assess  the  same  or  such  part  thereof  as  they  may  deem  equitable 
under  the  circumstances,  upon  the  lots  or  lands  abutting  upon  the  said 
improvement  and  upon  lots  and  lands  benefited  thereby  and  in  making 
such  assessments  regard  must  be  had  as  far  as  practicable  to  the  benefits 
conferred  upon  the  property  assessed. 

(4637^-2)  Sec.  3.  [Collection  of  assessments.]  The  assess- 
ments so  made  shall  be  certified  by  the  commissioners  to  the  auditor 
of  the  county,  who  shall  place  the  same  on  the  tax  list  against  such  tax- 
able property,  which  shall  thereupon  become  a  lien  upon  such  property, 
and  the  same  shall  be  collected  as  other  taxes  in  not  to  exceed  five  annual 
installments;  provided,  that  said  county  commissioners  may,  in  antici- 
pation of  the  collection  of  such  assessments,  cause  the  whole  of  such 
compensation,  damage  and  expense  to  be  paid  at  once  out  of  the  county 
treasury  to  the  parties  entitled  thereto,  in  which  case  interest  at  the  rate 
of  five  per  cent,  per  annum  may  be  added  to  all  the  unpaid  installments 
and  collected  therewith. 

(4637^-4)  Sec.  5.  [Compensation,  etc.,  may  be  paid  out  of 
county  treasury.]  The  commissioners  may  order  such-  part  of  the 
compensation,  damages  and  cost  as  they  may  deem  equitable,  to  be  paid 
vout  of  the  county  treasury. 

(4637^-5)  Sec.  6.  [Publication  of  assessments.]  Before  adopt- 
ing the  assessments  so  made,  the  county  commissioners  shall  publish 
notices  for  three  weeks  consecutively,  in  some  newspaper  of  general  cir- 
culation in  the  county,  that  such  assessments  have  been  made,  and  that 
the  same  is  (are)  on  file  in  the  office  of  the  county  commissioners  for 
the  inspection  and  examination  of  persons  interested  therein. 

(4637^-6)  Sec.  7.  [Objection  to  assessments.]  If  any  person 
objects  to  the  assessment,  he  shall  file  his  objection  in  writing  with  the 
board  of  county  commissioners  within  two  weeks  after  the  expiration  of 
the  said  notice,  and  thereupon  the  board  shall  appoint  three  disinterested 
freeholders  of  the  county  to  act  as  an  equalizing  board. 

^4637^-7)  Sec.  8.  [Hearing  objections.]  On  a  day  appointed 
"by  the  commissioners  for  that  purpose,  such  board  after  taking  an  oath 
before  a  proper  officer  honestly  and  impartially  to  discharge  their  duties, 
shall  hear  and  determine  all  objections  to  the  assessment  and  equalize 
the  same  as  they  may  think  proper,  which  equalized  assessment  they 
shall  report  to  the  board  of  county  commissioners,  which  shall  have  the 
power  to  confirm  the  same,  or  set  it  aside  and  cause  a  new  assessment 
to  be  made,  and  appoint  a  new  equalizing  board  possessing  the  same 
-qualification,  which  shall  proceed  in  the  manner  above  provided. 

(4637^-8)  Sec  9.  [Confirmation  of  assessments.]  When  the 
-assessment  is  confirmed  by  the  county  commissioners  it  shall  be  complete 
and  final ;  provided,  that  whenever  by  any  of  the  provisions  of  this  act 
any  act  or  thing  is  required  to  be  done  by  the  county  commissioners,  the 
concurrence  of  two-thirds  of  said  county  commissioners  shall  be  deemed 
sufficient. 

(4637^-9)     Sec.    ro.     [Application  of  existing  statutes.]     x\ll  of 

the  provisions  of  title  7,  chapter  2,  of  the  Revised  Statutes,  so  far  as 
.the  same  are  not  inconsistent  herewith,  shall  apply  to  all  roads  estab- 


154  LAWS    RELATING    TO    AGRICULTURE. 

lished,  widened  or  altered  under  the  provisions  of  this  act,  and  the  same 
right  to  appeal  to  the  probate  court  as  now  exists  under  the  provisions 
of  title  7,  chapter  4,  of  the  Revised  Statutes,  is  reserved. 

Sec.  4638.  [The  petition  and  bond.]  Applications  for  laying 
out,  altering,  changing  the  width  of,  or  vacating  any  county  road  shall 
be  by  petition  to  the  county  commissioners,  signed  by  at  least  twelve 
freeholders  of  the  county  residing  in  the  vicinity  where  the  road  is  to  be 
laid  out,  viewed  or  reviewed,  altered  or  vacated,  and  one  or  more  of  the 
signers  to  any  such  petition  shall  enter  into  bond  with  sufficient  surety, 
payable  to  the  state  for  the  use  of  the  county,  conditioned  that  the 
persons  making  such  application  shall  pay  into  the  treasury  of  the  county 
the  amount  of  all  costs  and  expenses  accruing  thereon  in  case  the  appli- 
cation shall  fail ;  and  in  case  the  application  shall  not  fail,  the  commis- 
sioners may,  in  their  discretion,  order  the  petitioners  to  pay  any  or 
all  costs  and  expenses  of  such  application,  or  may  pay  all  or  any  por- 
tion thereof  out  of  the  county  treasury. 

Sec.  4639.  [Judgment  for  costs,  and  suit  on  bond.]  When  the 
commissioners  make  such  an  order,  and  the  petitioners  fail,  neglect, 
or  refuse  to  pay  the  costs  and  expenses,  the  persons  signing  the  bond 
shall  be  liable  thereon  for  the  full  amount  of  all  the  costs  and  expenses 
of  the  application,  and  the  auditor  of  the  county  shall  deliver  the  bond 
to  the  prosecuting  attorney,  who  shall  collect  and  pay  the  same  to  the 
county  treasurer;  and  in  all  cases  of  contest  the  court  having  jurisdiction 
of  the  case  shall  have  full  power  to  render  judgment  for  cost?  according 
to  justice  between  the  parties. 

Sec.  4640.  [What  petition  to  contain.]  Petitions  for  laying 
out,  vacating,  or  altering  a  county  road  shall  specify  the  place  of  be- 
ginning, the  intermediate  points,  if  any,  and  the  place  of  termination  of 
the  road,  or  part  proposed  to  be  altered  or  vacated. 

Sec.  4641.  [Notice  of  application.]  Previous  to  any  such  peti- 
tion being  presented,  notice  thereof  shall  be  given  by  advertisement  set 
up  at  the  auditor's  office,  and  in  three  public  places  in  each  township 
through  which  any  part  of  the  road  is  to  be  laid  out,  altered,  or  vacated, 
at  least  thirty  days  previous  to  the  meeting  of  the  commissioners  at 
which  the  petition  shall  be  presented,  and  stating  the  time  when  such 
petition  is  to  be  presented  ;  and  the  substance  thereof  shall  be  published 
for  four  consecutive  weeks  before  the  presentation  of  any  such  petition, 
in  some  newspaper  published  in  the  county  in  which  the  road  sought  to 
be  established,  altered,  or  vacated  by  sucfi  petition  is  situated,  if  there 
be  a  newspaper  therein. 

Sec.  4642.  [Appointment  of  viewers.]  On  the  presentation  of 
the  petition,  if  the  commissioners  are  satisfied  that  notice  has  been  given 
as  aforesaid,  they  shall  appoint  three  disinterested  freeholders  of  the 
county  as  viewers,  who  shall  also  be  a  jury  to  assess  and  determine  the 
compensation  to  be  paid  in  money  for  the  properties  sought  to  be  appro- 
priated, without  deduction  for  benefit  to  any  propertv  of  the  owner, 
and  to  assess  and  determine  how  much  less  valuable,  if  anv,  the  land 
or  premises  from  which  such  appropriation  may  be  taken,  will  be  rend- 
ered by  the  opening  and  construction  of  the  road',  and  the  county  surveyor 
to  survey  the  same  ; 

[Commissioners  to  issue  orders  to  viewers.]  And  shall  issue  an 
order  directing  the  viewers,  with  the  county  surveyor,  to  proceed  on 


LAWS  RELATING  TO  AGRICULTURE..  155 

a  day  to  be  namecT  in  the  order,  or  on  their  failing  to  meet  on  that  day, 
within  five  days  thereafter,  to  view,  survey,  and  lay  out  or  "alter  said  road, 
and  determine  whether  the  public  convenience  requires  that  such  road 
or  any  part  thereof  shall  be  sixty  feet  in  width,  or  whether  a  less  width 
than  sixty  [feet]  will  as  well  promote  the  public  convenience,  and  re- 
port the  width,  in  their  opinion,  the  same  shall  be  established  and  opened. 

Sec.  4643.     [When  road  viewers  fail  to  perform  duty  a  new  order 

may  issue.]  If  the  viewers  fail  to  proceed  on  the  day  named  'm  the 
order,  or  within  five  days  thereafter,  so  that  said  duty  shall  not  be  per- 
formed and  reported  to  the  commissioners  at  their  regular  or  special 
session  next  after  such  order  was  made,  the  commissioners  may  at  such 
next  regular  or  special  session  issue  a  new  order  and  appoint  new 
viewers,  who  shall  be  by  such  order  required  to  perform  the  same  duties 
as  required  of  said  original  viewers  under  the  original  order,  or  the 
commissioners  may  make  such  other  order  in  the  premises  as  to  them 
may  seem  proper. 

Sec  4644.  [If  viewer  fail  to  attend,  how  another  appointed.] 
If  a  person  appointed  as  viewer  or  reviewer  on  any  road  by  the  com- 
missioners or  probate  judge  of  the  county  fail  to  attend  at  the  place 
specified  in  the  order  at  or  before  ten  o'clock  a.  m.  of  the  day  in  the 
order  specified,  the  surveyor  and  two  viewers  shall  fill  the  vacancy  by 
appointing  a  judicious,  disinterested  freeholder  of  the  county,  and  in 
case  of  a  review  when  five  viewers  are  required,  the  surveyor  and  not 
less  than  three  of  the  viewers  may  appoint  a  judicious  freeholder  of 
the  county  to  fill  the  vacancy,  who  shall  be  required  to  take  the  same 
oath  and  be  vested  with  the  same  power  to  do  and  perform  the  same 
duties  as  if  he  had  been  appointed  by  the  commissioners  or  probate 
judge  of  the  county. 

Sec.  4645.  [Notice  to  land-owners.]  The  principal  petitioner, 
or  the  county  auditor,  shall  give  at  least  six  days'  notice,  in  writing, 
to  the  owner,  or  his  agent,  if  residing  within  the  county,  or,  if  such 
owner  be  a  minor,  idiot,  or  insane  person,  to  the  guardian  of  such  per- 
son, if  a  resident  of  the  county,  through  whose  land  the  road  is  pro- 
posed to  be  laid  out  and  established,  or  through  whose  land  the  road 
which  it  is  proposed  to  alter  or  vacate  may  have  been  previously  estab- 
lished, and  also  six  days'  notice  to  the  viewers  and  surveyor,  named 
in  the  order  of  the  commissioners,  of  the  time  and  place  of  meeting, 
as  specified  in  the  order,  and  of  the  day  by  which  claims  for  compensa- 
tion must  be  filed;  and  the  county  auditor,  if  the  road  is  proposed  to  be 
laid  out,  altered,  or  vacated  on  any  lands  owned  by  a  non-resident  of 
the  county,  shall  cause  a  notice  to  such  non-resident  to  be  published, 
for  four  consecutive  weeks,  in  some  newspaper  published  in  such  county; 
but  if  there  be  no  newspaper  published  therein,  then  in  some  news- 
paper in  an  adjoining  county  to  that  in  which  the  lands  sought  to  be 
affected  by  the  road  are  situated,  which  notice  shall  state  the  time  and 
place  of  the  meeting  of  the  viewers  and  surveyor,  as  specified  in  the 
order  of  the  commissioners,  and  also  the  substance  of  the  petition. 

Sec.  4646.  [Duties  of  viewers.]  The  viewers  and  surveyor 
shall  meet  at  the  time  and  place  specified  in  the  order  of  the  commis- 
sioners, and  after  taking  an  oath  faithfully  and  impartially  to  discharge 
the  duties  of  their  appointments  respectively,  shall  take  to  their  assist- 
ance two  suitable  persons  as  chain-carriers  and  one  marker,  and  proceed 
to  view,  survey,  and  lay  out  or  alter  the  road  as  prayed  for  in  the  pe- 


156  LAWS    RELATING   TO    AGRICULTURE: 

tition,  or  as  near  the  same  as  in  their  opinion  a  good  road  can  be  made 
at  reasonable  expense,  taking  into  consideration  the  utility,  convenience, 
inconvenience  and  expense  which  will  result  to  individuals,  as  well  as  to 
the  public,  if  such  road  or  any  part  thereof  is  established  and  opened,  or 
altered;  and  also,  as  a  jury,  discharge  the  duties  required  of  them  in  sec- 
tion forty-six  hundred  and  forty-two,  and  assess  and  determine  the  dam- 
ages sustained  by  any  person  through  whose  premises  the  road  is  p:o- 
posed  to  be  established,  altered,  or  vacated. 

Sec.  4647.  [When  compensation  and  damages  not  to  be  as- 
sessed.] But  the  viewers  shall  not  be  required  to  assess  or  award 
damages  or  compensation  to  any  person  except  minors,  idiots,  or  luna- 
tics, in  consequence  of  the  opening  of  the  road,  unless  the  owner  or 
•his  agent,  having  notice  as  provided  in  section  forty-six  hundred  and 
forty-five  of  the  application  and  proceedings  by  which  his  property  is 
sought  to  be  appropriated  or  may  be  injured,  shall  have  filed  a  written 
application  with  the  viewers,  giving  a  description  of  the  premises  on 
which  damages  or  compensation  is  claimed;  and  all  applications  for 
damages  shall  be  barred  unless  they  be  presented  as  provided  for  by 
this  chapter. 

•  Sec.  4648.  [Who  may  administer  oath.]  When  an  oath  is  re- 
quired to  be  taken  by  any  person  under  the  provisions  of  this  chapter, 
the  same  may  be  administered  by  the  surveyor,  or  by  one  of  the  viewers 
or  reviewers,  who  has  been  previously  sworn. 

Sec.  4649.  [Duties  of  surveyor,  etc.]  The  surveyor  shall  sur- 
vey the  road,  under  the  direction  of  the  viewers,  and  cause  the  same 
to  be  conspicuously  marked  throughout,  noting  the  courses  and  dis- 
tances, and  at  the  end  of  each  mile  shall  cause  the  number  of  the  same, 
and  also  the  commencement  and  termination  of  the  road  or  survey,  to 
be  marked  on  a  tree,  or  monument  erected  for  that  purpose,  and  shall 
make  and  deliver  to  one  of  the  viewers,  without  delay,  a.  correct  certified 
return  of  the  survey  of  the  road,  and  a  plat  of  the  same ;  and  the  view- 
ers shall  make  and  sign  a  report  in  writing,  stating  their  opinion  in 
favor  of  or  against  the  establishment  or  alteration  of  the  road,  or  any 
part  thereof,  and  set  forth  the  reasons  of  the  same,  which  report,  to- 
gether with  the  plat  and  survey  of  the  road,  or  alteration,  shall  be  de- 
livered to  the  county  auditor  by  one  of  the  viewers,  on  or  before  the 
first  day  of  the  session  of  the  commissioners  then  next  ensuing. 

Sec.  4650.  [Duties  of  commissioners  on  report  of  view.]  The 
commissioners,  on  receiving  the  report  of  the  viewers,  shall  cause  the 
same  to  be  publicly  read  on  two  different  days  of  the  same  session,  and 
if  no  application  be  made  to  them  for  a  review  of  the  road,  or  any  part 
thereof,  or  alteration,  and  they  are  satisfied  that  such  road,  or  any  part 
thereof,  if  the  same  be  capable  of  division,  will  be  of  public  utility,  and 
the  report  of  the  viewers  is  favorable  thereto,  and  no  damages  have  been 
claimed  or  assessed,  shall  on  the  third  day  of  the  session  cause  the 
report,  survey,  and  plat  to  be  recorded ;  and  from  thenceforth  the  road 
shall  be  considered  a  public  highway,  and  the  commissioners  shall  issue 
their  order  to  the  trustees  of  the  proper  township  or  townships,  directing 
the  road  to  be  opened ;  but  if  the  report  of  the  viewers  be  against  such 
proposed  road,  or  alteration,  or  if,  in  the  opinion  of  the  commissioners, 
the  same  is  unnecessary,  no  further  proceedings  shall  be  had  thereon! 
and  the  obligors,  in  the  bond  securing  the  expenses,  shall  be  liable  for  the 
full  amount  of  such  costs  and  expenses. 


LAWS    RELATING    TO    AGRICULTURE.  157' 

Sec.  4651.  [Report  and  payment  of  damages  accruing  from, 
opening  of  county  roads.]  The  viewers  shall,  at  the  time  they  make 
their  report  of  the  view,  also  make  a  separate  report,  in  writing,  stating 
the  amount  of  damage [s],  if  any,  and  to  whom  by  them  assessed,  which 
would  accrue  by  the  opening  of  the  road ;  and  they  shall  also  file  the 
written  application  on  which  such  assessments  have  been  made,  with 
the  county  auditor,  and  the  commissioners  shall  cause  such  report  to 
be  publicly  read  on  the  third  day  of  the  session  at  which  it  was  received,, 
and  if  no  petition  for  review  or  alteration  has  been  presented  and  re- 
ceived, and  they  shall  be  satisfied  that  the  amount  so  assessed  ancTcte- 
termined  is  just  and  equitable,  and  that  the  road  will  be  of  sufficient 
importance  to  the  public  to  cause  the  damages  which  have  been  as- 
sessed to  be  paid  by  the  county,  they  shall  order  the  same  to  be  paid 
to  the  applicants  from  the  county  treasury ;  but  if  in  their  opinion  the 
road  is  not  of  sufficient  importance  to  the  public  to  cause  the  same  to> 
be  paid  by  the  county,  they  may  refuse  to  establish  the  same  a  public- 
highway  unless  the  damages  which  have  been  assessed  are  paid  by  the 
petitioners ;  or  they  may,  in  their  discretion,  order  a  portion  of  such 
damages  to  be  paid  out  of  the  county  treasury,  and  require  the  petition- 
ers to  pay  the  remainder  thereof,  before  such  roads  are  opened ;  but  if 
application  by  petition  shall  have  been  made  for  review  or  alteration, 
then  no  further  proceedings  shall  be  had  on  the  report  till  the  final  de- 
termination of  the  commissioners  on  such  application. 

Sec.  4651a.  [Review;  amended  report.]  No  report  of  viewers 
shall  ever  be  set  aside  by  the  commissioners  for  any  irregularity  which 
does  not  materially  affect  the  substantial  rights  of  some  interested  party, 
and  where  a  report  is  set  aside  for  any  such  material  irregularity  the  com- 
missioners may  appoint  the  same  or  other  viewers,  and  the  proceeding 
shall  re-commence  at  the  point  provided  for  by  section  four  thousand 
six  hundred  and  forty-two,  and  proceed  as  before.  Provided,  that 
where  it  is  practicable  in  the  judgment  of  the  commissioners  the  viewers 
may  be  sent  back  at  any  time  before  their  report  is  finally  acted  upon 
by  the  commissioners,  to  supply  or  amend  any  omission  or  irregularity 
in  their  work  or  report  as  originally  reported,  and  the  amended  report 
shall  when  finished  be  re-delivered  to  the  county  auditor  to  be  dealt 
with  as  in  the  case  of  an  original  report. 

Sec.  4652.  [Application  for  and  proceedings  on  review.]  After 
the  viewers  have  made  return  in  favor  of  the  road,  and  before  the  return 
is  recorded  and  the  road  established,  any  citizen  of  the  county  may  apply 
to  the  commissioners  for  a  review  of  the  road,  by  petition,  agreeably  to 
section  forty-six  hundred  and  thirty-eight,  and  the  commissioners  shall, 
on  such  petition  being  presented  and  being  satisfied  the  same  is  just 
and  reasonable,  appoint  five  disinterested  freeholders  of  the  county  to 
review  the  road,  and  issue  their  order  to  the  reviewers,  directing  them 
to  meet  at  a  time  to  be  specified  in  the  order,  or  within  five  days  there- 
after ;  and  the  petitioners  for  review  shall  cause  at  least  six  days'  notice 
to  be  given  to  the  principal  petitioner  for  the  road,  of  the  time  and  place 
of  the  meeting  of  the  reviewers ;  and  the  review-ers  shall  meet,  and  after 
taking  the  oath  required  in  section  forty-six  hundred  and  forty-six,  shall 
proceed  to  examine  the  route  surveyed  for  the  road  by  the  former  view- 
ers, and  make  a  report  in  writing  to  the  commissioners,  stating  their 
opiion  in  favor  of  or  against  the  establishment  of  the  road,  or  any  part 
thereof,  and  their  reasons  for  the  same. 


158  LAWS    RELATING    TO    AGRICULTURE. 

Sec.  4653.  [Proceedings  on  report  of  reviewers.]  If  the  report 
of  the  reviewers  be  in  favor  of  the  road,  the  same  shall  be  established, 
recorded,  and  opened,  agreeably  to  the  provisions  of  this  chapter,  and  the 
persons  bound  for  the  same  shall  pay  into  the  county  treasury  the  amount 
of  the  costs  of  such  review ;  but  if  the  report  be  against  the  establish- 
ment of  such  road,  no  further  proceedings  shall  be  had  thereon  before 
the  commissioners,  and  the  persons  executing  the  first  bond  shall  pay 
into  the  county  treasury  the  costs  and  expenses  of  the  view,  survey, 
and  review. 

Sec.  4654.  [To  find  the  line  of  a  road.]  When  the  place  of  be- 
ginning or  true  course  of  any  state  or  county  road,  or  any  public  high- 
way not  within  the  limits  of  any  municipal  corporation  shall  be  uncer- 
tain by  reason  of  the  removal  of  any  monument  or  marked  tree,  by  which 
such  road  was  originally  designated,  or  from  any  other  cause,  the  county 
commissioners  of  the  proper  county  may  appoint  three  disinterested  land- 
holders of  the  county  to  review  and  find  the  line  of  the  road,  and  if  they 
deem  it  necessary,  a  competent  surveyor  to  survey  the  same,  and  the 
reviewers  and  surveyor,  after  taking  the  oath  required  in  section  forty- 
six  hundred  and  forty-six  (4646),  shall  view  and  survey  said  road,  and 
the  same  correctly  mark  throughout  as  in  the  case  of  new  roads  and 
shall  make  a  return  of  the  survey  and  plat  of  the  road  to  the  commis- 
sioners, who  shall  cause  the  same  to  be  recorded  as-  in  other  cases. 

[Establishment  by  judicial  proceedings.]  When  such  viewers  are 
unable  to  ascertain  the  boundary  lines  of  such  road  or  highway  with  cer- 
taintv,  the  commissioners  of  the  county  may  commence  and  prosecute 
a  civil  action  in  the  courts  of  justice  against  any  or  all  owners  of  land  that 
abut  Upon  said  highway,  to  ascertain  and  have  the  boundaries  of  such 
road  or  highway  judicially  established  in  one  action,  and  thenceforth 
such  road  or  highway  so  surveyed,  or  its  boundaries  judicially  estab- 
lished as  aforesaid,  shall  to  the  full  limits  of  such  boundaries  be  a  public 
highway. 

Sec.  4655.  [Application  to  turn  road.]  If  any  person  through 
whose  land  a  county  road  is,  or  may  be  established,  shall  be  desirous  of 
turning  the  road  through  any  other  part  of  his  land,  he  may,  by  notice 
and  petition,  agreeably  to  the  provisions  of  this  chapter,  apply  to  the 
commissioners  of  the  county  while  in  session,  to  permit  him  to  turn  the 
road  through  any  other  part  of  his  land,  on  as  good  ground,  and  with- 
out increasing  the  distance  to  the  injury  of  the  public  ;  and  upon  the 
receipt  of  such  petition,  the  commissioners  shall  appoint  a  surveyor, 
and  three  disinterested  freeholders  of  the  county,  as  viewers  of  the  road, 
who  shall  proceed  to  view  and  survey  the  ground  over  which  the  same 
is  proposed  to  be  turned,  and  ascertain  the  distance  which  it  will  be 
increased  by  such  proposed  alteration  and  make  a  report,  in  writing, 
stating  the  several  distances  so  found,  together  with  their  opinion  as  to 
the  utility  of  making  the  alteration. 

Sec.  4656.  [Application  to  change  county  road;  proceedings  on 
report  of  viewers.]  If  the  freeholders  report  to  the  commissioners 
that  the  prayer  of  the  petitioner  is  reasonable,  and  that  the  alteration 
will  not  place  the  road  on  worse  ground,  or  increase  the  distance  to  the 
injury  of  the  public,  they  shall  upon  receiving  satisfactorv  evidence  that 
the  proposed  new  road  has  been  opened  a  legal  width,  and  in  all  respects 
made  equal  to  the  old  road  for  the  convenience  of  travelers,  and  if  in 
their  opinion  the  same  will  be  just  and  reasonable,  declare  such  new  road 


LAWS    RELATING    TO    AGRICULTURE.  159 

a  public  highway,  and  make  record  thereof,  and  at  the  same  time  vacate 
so  much  of  the  old  road  as  is  rendered  necessary  [unnecessary]  by  the 
new ;  and  the  person  desiring  the  alteration  shall  pay  all  the  costs  of  the 
new  survey,  and  return,  unless  the  commissioners  are  satisfied  that  the 
alteration  is  of  sufficient  advantage  to  the  public  to  cause  the  same  to  be 
paid  by  the  county.  And  provided  that  any  appeal  heretofore  or  here- 
after taken,  remaining-  imperfected  or  not  prosecuted  to  a  hearing  for  two 
years  after  the  giving  of  the  appeal  bond,  shall  be  dismissed,  and  the 
county  commissioners  shall  proceed  under  their  order  as  though  no  appeal 
had  been  taken  therefrom. 

Sec.  4657.  [Application  for  road  on  county  line.]  When  it  be- 
comes necessary  to  establish  a  road  on  a  county  line,  the  inhabitants  along 
such  line  may  petition  the  commissioners  of  their  respective  counties  for 
a  view  of  such  road,  in  the  manner  provided  in  this  chapter;  and  the 
commissioners  of  each  of  the  counties  interested,  shall  appoint  two  dis- 
creet landholders  as  viewers,  who,  or  a  majority  of  them,  shall  meet  at 
the  time  and  place  named  in  the  order  of  the  commissioners  of  the 
oldest  county  interested,  who  shall  appoint  a  surveyor;  and  the  viewers 
and  surveyor  shall  also  be  a  jury  for  the  assessment  of  damages,  and 
shall,  in  all  respects,  be  governed  by  the  preceding  sections  of  this  chap- 
ter, and  shall  make  their  report  in  writing  for  or  against  such  road  to 
the  commissioners  of  the  counties  concerned ;  and  the  commissioners, 
upon  receiving  such  report,  shall,  in  all  respects,  be  governed  by  this 
chapter. 

Sec  4658.  [Proceedings  on  viewers'  report.]  If,  on  receiving 
such  report,  there  is  no  legal  objection  thereto,  and  the  commissioners 
of  all  the  counties  interested  are  of  opinion  that  such  road,  if  opened, 
would  be  of  public  utility,  they  shall  order  the  same  to  be  opened  in  the 
manner  pointed  out  by  this  chapter. 

Sec  4659.  [How  width  of  road  on  state  line  determined.]  The 
commissioners  of  an}'  county  through  which  a  county  road  has  been 
established  upon  a  line  of  the  state,  may,  upon  petition  and  notice  as 
hereinbefore  provided,  determine  the  width,  not  less  than  fifteen  nor 
more  than  thirty  feet,  of  the  land  within  the  county  to  be  used  for 
the  road. 

Sec  4661.  [Application  for  vacation.]  When  a  county  road,  or 
part  of  a  county  road  is  considered  useless,  or  has  remained  unopened 
for  the  term  of  five  years,  any  twelve  freeholders  residing  in  that  part  of 
the  county  where  such  road  is  established,  may  make  application,  agree- 
ably to  the  provisions  of  this  chapter,  to  the  commissioners  of  the  county, 
to  vacate  the  same,  setting  forth  in  the  petition  the  reasons  why  the  road 
ought  to  be  vacated,  which  shall  be  presented  and  publicly  read  at  a 
regular  session  of  the  commissioners,  and  no  other  proceedings  shall  be 
had  thereon  until  the  next  session  of  the  commissioners,  when  it  shall 
again  be  read ;  and  if  no  objection  be  made,  the  commissioners  mav  de- 
clare vacated  the  road,  or  any  part  thereof  which  they  may  deem  unneces- 
sary to  keep  open  for  public  convenience. 

Sec  4662.  [Appointment  and  report  of  viewers.]  If  objection 
t>e  made  in  writing  to  such  vacation,  the  commissioners  shall  appoint 
three  disinterested  persons  to  view  the  road,  who  shall  take  the  same 
-oath  as  required  by  section  forty-six  hundred  and  forty-six  and  proceed 
to  view  the  road,  and  make  report  of  their  opinion  thereon,   and  the 


160  LAWS   RELATING   TO   AGRICULTURE. 

reasons  for  the  same,  to  the  commissioners ;  and  if  the  viewers  report  in 
favor  of  vacating  the  road,  or  any  part  thereof,  the  commissioners  may, 
if  they  deem  it  reasonable  and  just,  declare  the  road  vacated,  agreeably 
to  the  report  of  the  viewers. 

Sec.  4663.  [Penalties  against  viewers  and  surveyor.]  If  a  per- 
son appointed  by  the  county  commissioners  as  a  viewer,  reviewer,  or 
surveyor  of  any  road,  refuse  or  neglect  to  perform  the  duties  required 
by  this  chapter,  without  making  satisfactory  excuse  for  such  refusal  or 
neglect,  he  shall  be  fined  in  any  sum  not  exceeding  five  dollars,  to  be 
recovered  by  action  by  any  person  suing  for  the  same,  before  a  justice 
of  the  peace  within  the  township  wherein  the  person  so  appointed,  and 
refusing  or  neglecting,  may  reside ;  and  the  recovery  shall  be  paid  with- 
out delay,  by  the  justice  of  the  peace  or  constable  collecting  the  same, 
to  the  treasurer  of  the  township,  taking  his  receipt  therefor;  and  the 
trustees  shall  cause  all  fines  which  shall  be  paid  into  the  township  treas- 
ury, under  the  provisions  of  this  chapter,  to  be  expended  on  roads  and 
bridges  within  their  townships. 

Sec.  4664.  [Fees  of  viewers,  markers,  etc.]  All  persons  re- 
quired to  render  services  under  this  chapter  shall  receive  compensation 
for  each  day  they  are  necessarily  employed,  as  follows,  to-wit:  viewers 
and  reviewers,  one  dollar  and  fifty  cents;  chain-carriers  and  markers, 
one  dollar  each;  and  surveyor,  five  dollars;  to  be  charged  as  costs  and 
expenses,  and  paid  out  of  the  county  treasury,  on  the  order  of  the 
county  auditor. 

Sec.  4665.  [Repair  of  roads  washed  out.]  When  a  county  road 
is  injured  or  destroyed  by  the  washing  of  any  lake,  river,  or  creek,  or 
by  any  washing  or  sliding  of  land  occasioned  by  natural  drainage,  the 
trustees  of  the  township  in  which  such  injury  or  loss  of  road  has  oc- 
curred, upon  petition  of  any  six  freeholders  of  the  township,  shall  call 
to  their  aid  a  competent  surveyor,  and  proceed  to  examine  such  road; 
and  if,  upon  such  examination,  the  trustees,  or  a  majority  of  them,  are 
satisfied  that  such  road  has  been  destroyed,  or  so  much  injured  that  the^ 
public  good  requires  an  alteration  of  the  same,  they  shall  proceed  to  alter 
and  lay  out  so  much  of  the  new  road  as  may  supply  the  several  parts, 
of  the  road  thus  destroyed  or  injured. 

Sec.  4666.  [Application  for  damages,  and  proceedings  thereon.] 
If  a  person  through  whose  lands  any  such  alteration  or  new  road  is  laid- 
out,  feels  injured  thereby,  he  shall  make  application  to  the  trustees,  at 
the  time  of  making  the  alteration  on  his  premises,  to  assess  and  deter- 
mine, according  to  the  provisions  of  this  chapter,  the  compensation  to 
be  made  in  money  for  the  property  sought  to  be  appropriated,  and  how 
much  less  valuable,  if  any,  the  premises  will  be  rendered  by  the  alteration: 
of  the  road;  and  the  trustees  and  surveyor  shall  make  a  report  of  their 
doings  in  the  manner  pointed  out  as  to  the  duty  of  viewers  and  sur- 
veyors in  cases  of  new  roads;  and  the  auditor  and  commissioners  of  the 
proper  county  shall  be  governed  in  the  reception  and  recording  of  such 
report  in  all  respects  as  is  prescribed  in  this  chapter  in  cases  of  new 
roads. 

Sec.  4667.  [Fees  under  the  last  two  sections.]  The  surveyors 
and  trustees  shall  receive  for  each  day  they  are  necessarily  employed 
under  the  provisions  of  the  two  preceding  sections,  the  same  compen- 
sation  allowed  to  surveyors  and  viewers  in  cases  of  new  roads   the  sur- 


LAWS   RELATING   TO   AGRICULTURE,  lt)I 

veyor  to  be  paid  out  of  the  count}-  treasury,  on  the  order  of  the  county 
auditor,  and  the  trustees  out  of  the  township  treasury,  on  the  order  of 
the  township  clerk. 

Sec.  4668.  [Road  vacated  when  unopened  for  seven  years.]  Any 
county  road  or  part  thereof,  which  has  heretofore  or  may  hereafter  be 
authorized,  which  remains  unopened  for  public  use  for  the  period  of 
seven  years  after  the  order  is  made  or  authority  granted  for  opening 
the  same,  shall  be  and  the  same  is  hereby  vacated,  and  the  authority 
granted  for  erecting  the  same  barred  by  lapse  of  time. 

Sec.  4669.     [Alterations   become   part   of   road;  parts  vacated.] 

All  alterations  of  county  roads  heretofore  made  and  established,  or  which 
shall  hereafter  be  made  and  established,  shall  be  and  remain  part  of  such 
roads ;  and  so  much  of  the  original  roads  as  is  rendered  unnecessary 
by  such  alterations  in  the  opinion  of  the  viewers  and  county  commissioners 
shall  be  and  remain  vacated. 

Sec.  4670.  [Commissioners  must  mark  line  of  road  by  stone 
monuments.]  The  county  commissioners  shall  cause  stone  monu- 
ments to  be  placed  at  the  beginning,  intermediate  points,  and  termina- 
tion of  all  roads  laid  out  and  established  under  the  provisions  of  this 
chapter,  and  said  monuments  shall  be  noted  in  their  record  of  roads. 

(4670-1)  Sec.  t.  [Cuyahoga  county  additional  road  levy.] 
In  counties  containing  a  city  of  the  second  grade  of  the  first  class,  the 
commissioners,  at  their  March  or  June  session  annually,  in  addition  to 
the  levy  authorized  for  road  and  bridge  purposes  by  section  2824  of  the 
Revised  Statutes,  shall  levy  on  each  dollar  of  valuation  of  taxable  prop- 
erty within  said  county,  five-tenths  of  a  mill ;  and  in  addition  thereto, 
on  each  dollar  of  valuation  of  taxable  property  within  the  township 
outside  of  the  cities  and  incorporated  villages,  which  townships  outside 
of  the  cities  and  incorporated  villages  are  hereby  made  a  taxing  district 
for  that  purpose,  one  mill  for  the  creation  of  a  fund  to  be  known  as  the 
state  and  county  road  improvement  fund,  and  to  be  used  for  the  im- 
provement of  state  and  county  reads  outside  of  such  municipal  cor- 
porations. 

(4670-2)  Sec.  2.  [Improvement  of  such  roads.]  The  county 
commissioners  of  such  counties  shall  have  power  to  improve  any  such 
state  or  county  road  or  any  part  thereof,  by  straightening  or^altering  the 
same,  and  by  grading,  paving  with  steel  rails,  stone  or  brick  or  other 
suitable  material,  or  a  combination  of  any  or  all  of  these  materials,  gravel- 
ing, planking  or  macadamizing  the  same  and  shall  use  the  funds  herein- 
before created  for  that  purpose. 

(4670-3)  Sec.  2a.  [Purchase  of  road.]  The  commissioners  of 
such  county  may  purchase  any  turnpike  or  plank  toll-road,  or  any  part 
thereof,  lying  within  such  county,  at  a  price  that  may  be  agreed  upon  by 
them  and  the  owners  of  such  turnpike  or  plank  road :  and  in  case  they 
are  unable  to  agree  with  the  owners  thereof,  upon  such  purchase  and 
sale,  they  may  appropriate  the  same:  and  for  this  purpose  they  shall 
cause  an  accurate  survey  and  profile  of  such  turnpike  or  plank  road 
to  be  made,  and  shall  file  the  same  with  the  probate  judge  or  court  of 
common  pleas  of  the  count}',  and  thereupon  the  same  proceedings  shall 
be  had  as  are  now  provided  by  law  for  the  appropriation  of  private 
property  by  municipal  corporation;    and  -upon  payment  of  the  agreed 

11      F.   H.   B. 


162  LAWS    RELATING    TO    AGRICULTURE. 

price,  or,  payment  into  court  of  the  compensation  assessed,  and  right 
to  charge  or  collect  toll  shall  thereupon  cease,  and  the  commissioners 
shall  use  the  fund  created  by  section  one  (i)  [§(4670-1)]  of  said  act 
for  that  purpose. 

(4670-4)  Sec.  2b.  [Assessment.]  When  the  commissioners 
make  an  appropriation  of  any  turnpike  or  plank  road  as  specified  in  the 
last  preceding  section,  and  fail  to  pay  for  the  same  within  three  months 
after  the  assessment  of  compensation  shall  have  been  made,  as  in  said 
section  provided,  the  right  of  the  commissioners  to  make  such  appro- 
priation on  the  terms  of  the  assessment  so  made,  shall  cease  and  deter- 
mine ;  and  the  turnpike  or  plank  road  so  appropriated  shall  be  relieved 
from  all  incumbrance  on  account  of  the  proceedings  in  such  case,  and 
the  judgment  or  order  of  the  court,  directing  such  award  or  assess- 
ment to  be  paid,  shall  cease  to  be  of  any  effect,  except  as  to  the  costs 
.assessed  against  the  commissioners. 

(4670-5)  Sec.  3.  [Engineer;  bond;  surveys,  etc.;  compensa- 
tion.] When  the  commissioners  determine  to  make  any  such  improve- 
ment they  shall  employ  a  competent  engineer  to  superintend  the  per- 
formance and  completion  of  said  work,  who  shall  enter  into  a  good  and 
sufficient  bond  in  a  sum  not  less  than  one  thousand  dollars,  to  be  ap- 
proved by  the  county  commissioners,  conditioned  for  the  faithful  per- 
formance of  his  duties  hereunder.  The  engineer  shall  make  all  neces- 
sary surveys,  profiles,  estimates  and  specifications,  and  submit  the  same 
to  the  commissioners  of  said  county  for  their  approval,  and  the  same 
shall  be  filed  and  preserved  in  their  office.  He  shall  receive  such  com- 
pensation for  his  services  as  is  fixed  by  law  for  the  compensation  of 
the  county  surveyor  for  like  services  in  other  cases. 

(4670-6)  Sec.  4.  [Advertisement]  Uuon  the  approval  of  said 
surveys,  profiles,  estimates  and  specifications  the  commissioners  of  said 
county  shall  advertise  for  bids  in  some  newspaper  of  general  circulation 
in  the  county  and  shall  let  the  contract  for  making  such  improvement 
to  the  lowest  and  best  bidder  or  bidders,  who  shall  give  such  reasonable 
security  for  the  proper  performance  of  their  contract  within  the  time 
and  in  the  manner  prescribed  therein,  as  the  county  commissioners  may 
deem  expedient. 

Act  authorizing  temporary  loans  in  anticipation  of  proceeds  of  above  act,  see 
§  (2824—1)  R.  S. 

(4670-7)  Sec  1.  [Improvement  of  certain  public  roads.]  In 
any  county  of  this  state  having  not  less  than  two  hundred  and  twenty- 
five  miles  of  improved  graveled  free  roads,  including  any  former  toll- 
roads,  where  there  is  an  unimproved  county  road  or  part  thereof,  not 
exceeding  three  miles  in  length,  connecting  two  improved  graded  public 
roads  or  an  improved  part  of  one  such  public  road  with  another  such 
improved  road  or  part  thereof,  such  unimproved  countv  road  or  part 
thereof  may  be  improved  by  grading,  graveling,  draining  and  bridging, 
or  by  any  of  such  operations,  by  the  commissioners  of  such  county  in 
the  manner  provided  in  this  act. 

(4670-8)  Sec  2.  [Petition;  appointment  of  viewers;  duties.] 
Whenever  twenty  or  more  landholders  from  three  or  more  townships  of 
any  such  county  file  with  the  commissioners  thereof  a  petition  for  such 
improvement,  naming  the  road  or  part  thereof  to  be  so  improved,  with 
its   termini,   said   commissioners    shall    appoint   three    disinterested    and 


LAWS    RELATING    TO    AGRICULTURE.  163 

judicious  freeholders  of  the  county  as  viewers  of  such  road,  who  shall, 
after  being  duly  sworn  faithfully  to  perform  their  duties,  secure  a  sur- 
veyor and  proceed  to  view  said  road  and  ascertain  the  character  and 
dimensions  of  the  improvement  which,  in  their  judgment,  should  be 
made,  make  a  careful  estimate  of  the  cost  thereof,  and  make  due  return 
with  proper  detail  drawings  of  the  same  to  said  commissioners. 

(4670-9)  Sec.  3.  [Finding  for  improvement.]  On  such  return 
of  said  viewers  being  made,  said  commissioners  shall  determine  whether 
the  proposed  improvement,  in  their  judgment,  is  of  such  a  nature  and 
general  benefit  as  should  in  fairness  be  paid  [for]  out  of  the  county  treas- 
ury, taking  into  consideration  the  benefits  that  such  locality  has  deri'ved 
from  the  bridge  and  other  general  funds  of  the  county,  in  comparison 
with  other  portions  thereof ;  and  if  they  are  of  the  opinion  that  such 
improvement  should  be  made,  they  shall  so  declare  by  resolution.  And 
thereupon  they  shall  pass  upon  said  report  of  said  viewers  as  to  the  char- 
acter and  dimensions  of  such  improvement,  which  they  may  modify, 
but  not  so  as  to  increase  the  estimated  cost  thereof. 

(4670-10)  Sec.  4.  [How  improvement  to  be  made ;  appointment 
of  superintendent  of  work;  compensation  of  superintendent,  etc.] 
On  the  approval  of  said  report  of  said  viewers,  either  in  its  original  form 
or  as  modified,  said  commissioners  shall  cause  said  improvement  to  be 
made  under  the  supervision  of  a  competent  and  disinterested  person  ap- 
pointed by  them  as  a  superintendent  of  work ;  such  superintendent  shall 
be  under  their  control  and  direction,  and  removable  for  cause  at  their 
pleasure,  and  shall  receive  for  his  services  the  sum  of  two  dollars  per 
day ;  and  said  viewers  each  shall  receive  for  their  like  services  a  like 
sum;  and  the  surveyor  shall  receive  the  compensation  prescribed  by 
law.  Not  more  than  one  such  improvement  shall  be  made  in  any  county 
in  any  period  of  two  years. 

(4670-11)  Sec  5.  [Superintendent  to  furnish  estimates.]  Any 
such  improvement  shall  be  advertised,  let  and  paid  for,  on  estimates  of 
the  superintendent,  approved  by  said  commissioners,  as  it  progresses, 
as  if  done  under  title  7,  chapter  7,  of  the  Revised  Statutes  of  Ohio. 

(4670-12)  Sec  6.  [Bonds.]  Said  commissioners  may  issue 
and  sell  at  not  less  than  par  the  bonds  of  said  county  in  sums  of  one 
hundred  dollars,  or  multiples  thereof,  bearing  interest  not  exceeding  five 
per  cent,  per  annum  and  having  not  exceeding  three  years  to  run,  pay- 
able principal  and  interest  at  the  treasury  of  said  county  or  at  such  point 
in  the  city  of  New  York  as  may  be  designated  therein,  for  the  amount 
necessary  to  cover  the  cost  of  such  improvement,  which  shall  not  exceed 
two  thousand  dollars  per  mile,  and  shall  provide  for  the  payment  of  such 
bonds  by  the  necessary  levies  upon  the  grand  duplicate  of  said  county. 
Provided  such  bonds  may  be  paid  for  out  of  the  bridge  fund  or  general 
road  improvement  fund,  or  both,  and  the  levy  for  either  or  both  of  said 
funds  may  be  increased  above  that  now  provided  by  law  to  the  amount 
necessary  to  meet  such  expense. 

(4670-13)  Sec  7.  [To  what  other  roads  provisions  of  act  shall 
apply.]  The  provisions  of  the  foregoing  act  shall  apply  to  any  unim- 
proved county  road  which  may  be  located  upon  or  adjacent  to  any  county 
line,  upon  condition  that  all  the  counties  adjoining  said  road  shall  be 
such  as  are  described  in  the  foregoing  act.  Such  road  upon  or  adjacent 
to  any  such  county  line  may  be  improved  under  the  provisions  of  the 


164  LAWS    RELATING    TO    AGRICULTURE. 

foregoing  act  by  the  action  of  the  joint  board  of  commissioners  of  the 
two  or  more  counties  adjoining  said  road.  In  such  case  the  petition 
therefor  must  be  signed  by  twenty  or  more  landholders  from  three  or 
more  townships  of  each  county  interested  in  said  improvement.  Upon 
such  petition  so  signed  being  filed  with  the  auditor  of  either  county  so 
interested  in  said  improvement,  it  shall  be  the  duty  of  said  auditor  to 
call  a  session  of  the  joint  boards  of  commissioners  of  said  counties  to 
take  action  thereon ;  and  the  said  joint  board  shall  have  full  jurisdiction 
to  so  construct  and  improve  said  road  under  the  provisions  of  said  act. 
The  expenses  of  said  improvement  shall  be  apportioned  between  the 
counties  interested  therein  [in]  such  proportion  as  may  be  deemed  just 
and  equitable  by  said  joint  board  of  commissioners.  And  each  of  said 
boards  may  issue  and  sell  the  bonds  of  their  respective  counties,  as  pro- 
vided in  section  six  of  this  act ;  the  said  bonds  to  be  issued  for  a  sum  suffi- 
cient to  pay  the  proportionate  share  of  said  costs  allotted  to  each  of  said 
counties. 

(4670-14)  Sec.  1.  [Petition  for  improvement  of  roads;  duties 
of  commissioners  thereafter.]  That  when  a  majority  of  the  resident 
owners  of  any  real  estate  lying  and  being  within  one  mile  of  any  public 
road,  shall  present  a  petition  to  the  county  commissioners  of  any  county 
in  the  state  of  Ohio,  asking  for  [the]  grading  and  improving  of  any  such 
road,  the  board  of  county  commissioners  shall  go  upon  the  line  of  such 
road  described  in  such  petition,  and  if  in  the  opinion  of  the  county 
commissioners  the  public  utility  requires  such  road  to  be  graded  and 
improved,  the  commissioners  shall  determine  whether  the  improvement 
shall  be  constructed  of  stone,  gravel,  or  brick,  any  or  all,  and  they  shall 
determine  what  part  or  parts  of  such  road  improvement  shall  be  of 
stone,  gravel,  or  brick,  any  or  all,  and  shall  enter  their  determination 
on  their  journal,  and  at  the  same  time  appoint  an  engineer  to  go  upon 
the  line  of  such  road  and  make  such  markings,  gradient  lines,  plat  and 
profiles  and  estimates  as  such  commissioners  shall  order  in  their  entry 
on  their  journal,  and  order  that  the  improvement  be  made ;  and  at  the 
same  time  said  commissioners  shall  order  that  a  portion  of  the  cost 
and  expense  thereof,  which  shall  not  be  less  than  one-half,  nor  more 
than  two-thirds,  of  the  total  cost  and  expense  thereof,  shall  be  paid 
out  of  the  proceeds  of  any  levy  or  levies  upon  the  grand  duplicate  of  the 
county  assessed  against  [which]  the  taxable  property  of  any  township 
or  townships  in  which  such  road  may  be  in  whole  or  "in  part."  as  author- 
ized by  section  5  of  this  act.  And  shall  also  order  that  the  balance  of 
said  cost  and  expense  be  assessed  upon  and  collected  from  the  owners 
of  the  said  real  estate,  and  from  the  real  estate  benefitted  therebv  in 
proportion  to  the  benefit  to  be  derived  therefrom  bv  said  real  estate  as 
determined  by  said  commissioners.  Said  order  shall"  also  state  the  lands 
which  shall  be  subject  to  be  assessed  for  the  cost  and  expense  of  said 
improvement,  and  whether  the  estimated  assessment  therefor  shall  be 
made  before  the  improvement  is  commenced,  or  after  the  same  is  com- 
pleted. 

(4670-15)  Sec.  2.  [Appointment  of  engineer.]  After  making, 
such  order  for  an  improvement,  the  commissioners  shall  appoint  a  com- 
petent engineer  to  superintend  the  performance  and  completion  of  the 
work,  who  shall,  under  the  directions  and  with  the  approval  of  said  com- 
missioners prepare  and  file  the  necessary  plans,  plats,  profiles  and  specifi- 
cations of  the  work. 

[Contract  to  be  let  to  lowest  bidder.]  After  such  plans  and  spec- 
ifications as  the  commissioners  deem  necessary  are  adopted,  the  work 


LAWS    RELATING   TO   AGRICULTURE.  165 

shall  be  publicly  let  by  the  county  commissioners  to  the  lowest  responsi- 
ble bidder,  who'  shall  enter  into  bond  with  sufficient  sureties,  and  in  such 
amount  as  the  commissioners  shall  approve  and  determine,  conditioned 
for  the  faithful  performance  of  said  work. 

[Notice  of  letting.]  Notice  of  such  letting  shall  be  first  published 
for  at  least  four  weeks  in  some  newspaper  printed  in  the  county  and  of 
general  circulation  therein,  stating  the  nature  and  extent  of  the_AVQrk 
and  the  time  when  said  letting  will  be  made;  or,  if  sealed  bids  are  re- 
quired, when  the  same  will  be  opened.  The  commissioners  may  let  the 
work  as  a  whole,  or  in  convenient  sections  as  they  may  determine.  The 
commissioners  may  require  a  bond  from  each  bidder  in  such  sums  as 
they  may  determine,  with  sureties  to  their  approval,  conditioned  that 
if  the  contract  be  awarded  on  such  bid,  the  bidder  will  enter  into  the 
contract  and  execute  the  bond,  with  approved  sureties,  for  the  faithful 
performance  of  the  contract.  The  county  commissioners  may  remove  the 
engineer  herein  provided  for  at  any  time,  and  appoint  another  in  his 
place.  And  they  may,  in  their  discretion,  if  in  their  judgment  no  reas- 
onable bid  is  made  for  said  work,  refuse  to  accept  any  bid  so  made  or 
to  enter  into  such  contract,  but  re-advertise  the  same. 

(4670-16)     Sec.  3.      [Engineer  to  make  an  estimated  assessment.] 

The  said  commissioners  shall  either  before  the  said  improvement  is  com- 
menced, or  after  the  same  is  completed,  as  they  shall  have  determined 
at  the  time  of  ordering  the  improvement,  order  said  engineer  to  make, 
upon  actual  view,  and  to  report  to  said  commissioners,  an  estimated  as- 
sessment of  the  proportion  of  the  cost  and  expense  aforesaid  upon  the 
real  estate  to  be  charged  therewith,  or  upon  such  real  estate  included 
in  the  descriptions  and  boundaries  aforesaid,  as  in  his  judgment  should 
be  assessed,  in  proportion  as  nearly  as  may  be  to  the  benefits  which  may 
result  from  such  improvement  to  the  real  estate  so  assessed,  which  assess- 
ment shall  be  filed  with  the  county  commissioners,  and  kept  in  the 
auditor's  office  for  public  inspection. 

[Adoption  of  report,  etc.]  Before  adopting  the  assessment  so 
made  and  reported,  the  said  commissioners  shall  publish  notice  for  three 
weeks  consecutively,  in  some  newspaper  of  general  circulation  in  the 
county,  that  such  assessment  has  been  made  and  the  same  is  on  file  in 
the  office  of  the  auditor  for  inspection  ;  and  if  no  objections  are  filed 
thereto  within  one  week  after  the  date  of  the  last  publication  of  said 
notice,  the  commissioners  may  confirm  the  same. 

[Objections  to  assessment.]  If  the  owner  of  any  property  as- 
sessed objects  to  the  assessment  so  made,  he  shall  file  his  objections  in 
writing  with  the  said  commissioners  within  one  week  after  the  date  of 
the  last  publication  of  said  notice,  and  thereupon  the  commissioners  shall 
appoint  three  other  disinterested  freeholders,  to  act  as  an  equalizing 
board,  who  shall  meet  at  the  county  auditor's  office  at  a  time  to  be  fixed 
by  the  county  commissioners,  with  power  to  adjourn  from  time  to  time, 
who  shall  hear  and  determine  all  objections  to  said  assessment,  equalize 
the  same,  or  approve  the  assessment  already  made,  as  they  shall  deem 
just.  They  shall  report  their  action  to  said  commissioners,  who  shall 
have  power  to  confirm  the  same,  or  set  the  same  aside  and  cause  a  new 
equalizing  board  to  be  appointed  with  like  powers  and  qualifications. 
"When  said  assessment  is  confirmed  by  the  county  commissioners,  the 
same  shall  be  final.  The  members  of  said  assessing  and  equalizing  board 
shall,  before  entering  upon  their  duties,  take  an  oath  before  a  proper 


166  LAWS    RELATING    TO    AGRICULTURE. 

officer  to  faithfullv,  honestly  and  impartially  discharge  their  duties  in 
making  or  equalizing  said  assessments,  and  in  either  case  a  majority  ot 
the  board  shall  have  power  to  determine  any  question  or  matter  before 
them  The  equalizing  board,  or  any  of  its  members,  shall  have  power 
to  administer  oaths  to  witnesses,  and  said  board  shal  hear  testimony 
for  or  against  the  parties  filing  exceptions  as  aforesaid.  U  any  ot  the 
real  estate  to  be  assessed  is  subject  to  a  life  estate,  the  assessment  made 
thereon  shall  be  apportioned  between  the  owner  of  the  lite  estate  and 
the  owner  of  the  fee  in  proportion  of  the  relative  value  of  their  re- 
spective estates,  to  be  ascertained  upon  the  principles  applicable  to  life 
annuities. 

(4670-17)  Sec.  4.  [Record  of  proceedings  to  be  kept  by  audi- 
tor.] Said  commissioners  shall  cause  to  be  kept  by  the  county  audi- 
tor a  full  record  of  all  the  proceedings  herein  provided  for,  together 
with  accurate  accounts  of  the  receipts  and  expenditures  of  money, 
under  the  provisions  of  this  act ;  and  all  profiles,  plats  and  specifications 
shall  be  filed  and  kept  in  the  office  of  the  county  auditor ;  and  no  money 
shall  be  drawn  from  the  treasury  belonging  to  the  fund  raised  under 
the  provisions  of  this  act,  except 'to  pay  liabilities  already  accrued,  an^1 
then  only  in  pursuance  of  the  orders  caused  by  the  commissioners  while 
in  session  as  a  board,  to  be  entered  upon  the  record  of  their  proceedings, 
and  by  order  drawn  by  the  county  auditor  upon  the  county  treasury 
in  favor  of  the  person  to  whom  such  money  is  due. 

(4670-18)  Sec.  5.  ["Stone  and  gravel  road  building  fund.'] 
For  the  purpose  of  providing  by  general  taxation  a  fund  out  of  which 
not  less  than  one-half  nor  more  than  two-thirds  of  the  costs  and  ex- 
penses of  all  improvements  made  under  the  provisions  of  trus  act  can 
be  paid,t  the  commissioners  are  hereby  authorized  to  levy  upon  the  tax- 
able property  of  any  township  or  townships  within  the  county  in  which 
such  improved  road  is  to  be  or  has  been  constructed,  not  exceeding 
ten  mills  in  any  one  year  upon  each  dollar  of  the  valuation  of  the  tax- 
able property  in  such  township  or  townships.  And  said  levy  shall  be 
in  addition  to  all  other  levies  authorized  by  law,  notwithstanding  any 
limitation  upon  the  aggregate  amount  of  such  levies  now  in  force.  The 
proceeds  of  the  levy  or  levies  hereby  authorized  to  be  made,  shall  be 
applied  and  used  by  the  countv  commissioners  in  the  construction  of 
such  stone  and  gravel  roads,  as  the  case  may  be,  and  for  no  other  pur- 
pose, and  these  funds  shall  be  expended  under  the  direct  orders  and 
supervision  of  the  county  commissioners.  All  the  proceeds  of  such 
stone  and  gravel  road  building  levies  and  of  the  sale  of  any  bonds 
under  the  provisions  of  this  act,  shall  be  placed  to  the  credit  of  a  fund 
to  be  called  "the  stone  and  gravel  road  building  fund,"  out  of  which 
shall  be  paid  all  the  costs  and  expenses  of  said  improvement,  including 
the  expenses  of  the  preliminary  view  and  survey  and  the  fees  of  the 
engineer  and  auditor,  but  the  auditor  shall  keep  a  separate  account  of 
each  different  improvement  in  a  book  to  be  kept  for  that  purpose. 

(4670-19)  Sec  6.  [Bonds  may  be  issued.]  The  commission- 
ers are  hereby  authorized,  whenever  in  their  judgment  it  is  desirable, 
to  sell  the  bonds  ot  any  such  county  in  which  such  improvement  is  to 
be  or  has  been  constructed  to  any  amount  necessary  to  pay,  of  the  costs 
and  expenses  of  such  road  improvement,  the  respective  shares  of  such 
township  or  townships  and  of  the  land  owners  whose  lands  therein  are 
benefitted  bv   such   road   improvement,   as   provided   in   the   preceding 


LAWS   RELATING  TO  AGRICULTURE.  167 

section ;  said  bonds  to  state  for  what  purpose  issued,  to  bear  interest  at 
a  rate  not  in  excess  of  five  per  cent,  per  annum,  payable  semi-annually, 
to  mature  in  not  more  than  ten  years  after  their  issue,  in  such  amounts 
and  at  such  times  as  the  commissioners  shall  determine,  but  not  more 
than  one-fifth  of  the  principal  of  said  bonds  shall  mature  in  any  one 
year,  and  they  shall  be  sold  according  to  law  and  for  not  less  than  par 
and  accrued  interest ;  the  proceeds  of  such  bonds  to  be  applied  and  used 
exclusively  for  the  payment  of  the  expenses  and  cost  of  construction  of 
such  stone  or  gravel  road  improvement,  and  the  levy  for  the  payment  f 
of  the  principal  and  interest  of  such  bonds  may  be  in  addition  to  any 
levy  now  authorized  by  law. 

(4670-20)  Sec.  7.  [When  person  signs  both  petition  and  re- 
monstrance; costs.]  If  it  appear  that  any  person  who  signed  the  peti- 
tion asking  for  such  road  improvement  afterwards  signed  a  remonstrance, 
so  that  by  counting  such  person  remonstrator  instead  of  petitioner  the 
object  and  prayer  of  such  petition  will  be  defeated,  the  person  who  is 
both  petitioner  and  remonstrator  shall  be  held  liable,  and  shall  pay  all 
costs  growing  out  of  the  presentation  of  the  petition  and  the  proceed- 
ings had  thereon ;  and  if  the  costs  are  not  paid  within  thirty  days  after 
the  dismissal  of  further  proceedings  in  the  case,  the  auditor  shall  tax 
the  costs  against  such  person,  and  if  there  is  more  than  one  such  person, 
the  auditor  shall  apportion  the  costs  among  such  persons  in  the  pro- 
portion of  the  appraised  value  of  their  several  lands  for  taxation  that 
are  within  one  mile  of  the  route  on  which  the  improvement  was  prayed 
for,  and  shall  place  the  same  on  the  grand  duplicate  for  collection,  to 
become  due  and  payable  at  the  next  December  collection  of  taxes  there- 
after ;  and  the  same  penalties  shall  attach  and  the  same  proceedings  shall 
be  had  in  the  collection  as  in  delinquent  state  and  county  taxes. 


TOWNSHIP   ROADS. 


Sec.  4671.  [Width  of  township  roads.]  All  township  roads 
hereafter  laid  out  and  established  shall  not  be  less  than  sixteen  nor  more 
than  sixty  feet  wide,  and  the  width  shall  be  determined  by  the  viewers, 
as  hereinafter  provided. 

Sec.  4672.  [Petition  for  township  road,  and  notice.]  If  any  per- 
son, for  the  convenience  of  himself  and  neighbors,  wishes  to  have  a  town- 
ship road  laid  out  from  the  plantation  or  dwellingrplace  of  any  person, 
or  from  any  mill  or  house  of  public  worship,  or  to  any  cemetery  or 
burial-ground,  or  to  a  public  road,  or  from  one  public  road  to  intersect 
another,  or  from  any  tract  of  wild  land  or  timber  land,  or  from  any  stone 
quarries,  coal  mines  or  mineral  lands  other  than  petroleum  or  natural 
gas  lands  to  a  railroad  or  railroad  station,  or  from  any  railroad  station, 
to  a  township,  county,  or  state  road,  or  saw-mill,  he  may  petition  the 
trustees  of  the  proper  township,  after  giving  thirty  days'  previous  notice 
thereof,  by  advertisement  posted  up  in  three  public  places  within  the 
township,  setting  forth  therein  the  time  when  the  petition  is  to  be  pre- 
sented, the  place  of  beginning,  intermediate  points,  if  any,  and  the  place 
of  termination  of  the  road. 

Sec.  4673.     [Petition   for   township  road;   bond   required.]     On 

such  petition  being  presented  to  the  trustees,  a  majority  of  whom  shall 
constitute  a  quorum  for  the  transaction  of  all  business  of  which  they 


168  LAWS    RELATING    TO   AGRICULTURE. 

have  jurisdiction,  and  thev  being  satisfied  that  proper  notice  has  been 
giv.en,  as  aforesaid,  thev  shall  cause  the  petitioner  to  enter  into  bond  with 
sufficient  surety,  payable  to  the  state,  for  the  use  of  the  township,  and 
conditioned  that  the  person  or  board  of  education  making  such  applica- 
tion shall  pav  into  the  treasury  of  the  township  the  amount  of  all  costs 
and  expenses  accruing  thereon  in  case  the  application  shall  fail ;  and  in 
case  the  application  snail  not  fail  the  trustees  may,  in  their  discretion, 
order  the  petitioner  to  pav  any  or  all  costs  and  expenses  of  such  appli- 
cation, or  may  pay  all  or  any  portion  thereof  out  of  the  township  treasury. 
Sec.  4674.  [Appointment,  and  duties  of  road  viewers.]  The 
petition  shall  be  read  in  open  meeting  of  the  trustees,  and  they  being  sat- 
isfied that  such  proposed  road  is  necessary,  shall  appoint  three  judicious, 
disinterested  landholders  of  the  township,  who  shall  constitute  a  jury, 
and  a  surveyor,  who  shall,  after  taking  the  oath  required  by  section 
forty-six  hundred  and  forty-six,  take  to  their  assistance  two  chain  carriers, 
and  a  marker,  and  proceed,  at  the  time  directed  by  the  trustees,  or  within 
three  days  thereafter,  to  view  the  ground  along  which  the  road  is  pro- 
posed to'  be  established,  and  locate  the  same  as  near  the  line  named  in 
the  petition,  as  a  good  road  can  be  had  at  a  reasonable  expense,  and 
determine,  according  to  the  provisions  of  section  forty-six  hundred  and 
forty-two,  the  compensation  which  shall  be  paid  to  the  owner  of  the  land 
through  which  it  is  proposed  to  establish  the  same,  and  the  amount  of 
damage  he  may  sustain. 

Sec.  4675.  [Claims  for  damages.]  The  provisions  of  chapter 
two,  as  to  notice  to  land-owners,  and  the  manner  of  claiming  compensation 
and  damages,  shall  apply  in  all  applications  relating  to  township  roads. 

Sec  4676.  [Report  of  viewers.]  The  viewers  shall  make  a 
report  in  writing  to  the  trustees,  setting  forth  their  opinion  in  full  for  or 
against  the  establishment  of  such  road,  and  if  in  favor  of  the  establish- 
ment of  the  road,  the  report  shall  state  the  width  to  which  it  shall  be 
opened,  which  shall  not  be  less  than  sixteen  nor  more  than  sixty  feet, 
together  with  a  statement  of  the  damages,  if  any.  assessed  to  each  person 
through  whose  land  the  road  is  proposed  to  be  established,  which  report, 
together  with  a  return  and  plat  of  the  survey  of  the  road,  shall  be  depos- 
ited with  the  township  clerk,  who  shall  notify  the  trustees  thereof. 

Sec.  4677.  [Proceedings  of  trustees  on  report  of  viewers  of 
township  road.]  The  trustees  shall,  at  their  next  meeting,  cause  the 
report  to  be  read,  and,  if  the  same  be  in  favor  of  establishing  the  road, 
and  the  trustees  deem  it  reasonable  and  just,  they  being  satisfied  that  the 
compensation  and  damages,  if  any  have  been  claimed  and  assessed,  are 
just  and  equitable,  and  that  the  road  will  be  of  sufficient  importance  to 
the  public  to  cause  the  same  to  be  paid  by  the  township,  they  shall  order 
the  same  to  be  paid  to  the  person  or  persons  entitled  thereto  from  the 
township  treasury:  but  if,  in  the  opinion  of  said  trustees,  the  road  is  not 
of  sufficient  importance  to  the  public  to  cause  the  same  to  be  paid  by  the 
township,  they  may  refuse  to  establish  such  road  unless  the  compensation 
and  damages  which  have  been  allowed  and  assessed  are  paid  by  the 
petitioner,  or  said  trustees  may.  in  their  discretion,  order  a  portion  of 
such  compensation  and  damages  to  be  paid  out  of  the  township  treasury, 
and  require  the  petitioner  to  pay  the  remainder  thereof  before  such  road 

penedj  and  the  trustees  shall  order  the  clerk  of  the  township  to 
enter  the  report  on  record  and  issue  their  order  to  the  petitioners  or  any 
Of  them,  or  to  the  proper  supervisor  where  it  is  made  his  duty  to  open 


LAWS    RELATING   TO   AGRICULTURE.  169 

such  road,  to  open  the  road  to  the  width  named  in  the  report  of  the 
viewers,  and  the  same  shall  be  considered  a  private  or  township  road, 
•  subject  to  be  kept  open  and  in  repair  at  the  expense  of  the  applicants  for 
the  same,  or  otherwise  as  provided  by  law ;  but  if  the  viewers  report 
that  the  prayer  of  the  petitioners  is  unreasonable  and  ought  not  to  be 
granted,  no  further  proceedings  shall  be  had  therein  by  the  trustees ;  and 
all  costs  accruing  under  this  section  shall  be  paid  by  the  persons  making 
application  for  the  road,  except  as  herein  provided.  

Sec.  4678.  [Repairs  of  township  roads,  and  costs.]  A  township 
road  which  commences  in  a  state,  turnpike,  township,  or  county  road,  or 
at  a  railroad  station,  and  is  not  less  than  thirty  feet  in  width,  and  passes 
on  and  intersects  another  state,  turnpike,  county  or  township  road,  shall 
be  opened,  and  kept  in  repair  by  the  supervisor  in  whose  district  it  may 
situated,  in  whole  or  in  part,  and  the  costs  of  the  view  and  survey  of 
such  road  shall  be  paid  out  of  the  township  treasury. 

Sec,  4679.  [When  the  road  is  in  two  townships.]  When  the 
route  of  a  proposed  township  road  is  along  a  dividing  line  between  two 
townships,  or  crosses  such  dividing  line,  the  person  intending  to  apply 
for  the  road  shall  notify  the  trustees  of  both  townships  of  his  intention 
and  on  receiving  such  notice,  the  trustees  of  the  two  townships  shall 
appoint  some  time  and  place  at  which  they  will  meet  in  joint  board; 
and  the  time  fixed  for  the  meeting  shall  be  so  arranged  that  the  applicant 
will  have  ample  time  to  give  the  requisite  thirty  days'  notice,  as  required 
in  section  forty-six  hundred  and  seventy-two,  which  notice  shall  be  given 
in  both  townships,  and  shall  state  the  time  and  place  of  meeting  of  the 
joint  board  of  trustees. 

Sec.  4680.  [How  joint  board  to  proceed.]  The  joint  board  of 
trustees  when  so  met,  shall  be  governed  by  the  provisions  of  this  chapter, 
and  if  they  grant  a  view  and  survey,  they  shall  appoint  a  time  and  place 
when  and  where  they  shall  meet  to  receive  the  report  of  the  viewers  and 
surveyors :  and  the  proceedings  at  such  meetings  shall  be  recorded  in 
both  townships,  and  in  case  of  an  appeal,  the  appellant  shall  be  governed 
in  all  respects  by  the  provisions  of  the  preceding  sections,  except  that  he 
shall  be  required  to  enter  into  bond  in  both  townships  in  which  a  part 
of  the  road  is  located. 

Sec.  4681.  [Width  of  road  may  be  changed.]  Township  trus- 
tees of  the  several  townships  shall  have  power  to  increase  or  reduce  the 
width  of  any  of  the  township  roads  within  their  respective  townships, 
but  the  same  shall  not  be  widened  beyond  the  maximum  limit,  or  nar- 
rowed to  less  than  the  minimum  limit  fixed  by  law  for  such  roads. 

Sec.  4682.  [Proceedings  therefor.]  Before  a  township  road 
shall  be  increased  in  width  as  provided  in  the  foregoing  section,  the  same 
proceedings  shall  be  had,  in  all  respects  so  far  as  the  same  may  be  appli- 
cable, as  are  herein  required  for  the  laying  out,  opening,  and  establishing 
©f  such  township  road ;  and  before  any  township  road  shall  be 
reduced  in  width,  as  provided  in  the  foregoing  section,  the  same  pro- 
ceedings shall  be  had.  in  all  respects,  so  far  as  the  same  may  be  applicable, 
as  may  be  required  in  regard  to  the  vacation  of  township  roads. 

Sec.  4683.  [Vacation.]  When  a  township  road  becomes  use- 
less, any  one  or  more  residents  of  the  township  may,  after  giving  the 
notice  required  in  section  forty-six  hundred  and  seventy-two,  petition  the 
trustees  to  vacate  such  road,  and  if  the  trustees  are  satisfied  that  the 


170  LAWS   RELATING  TO   AGRICULTURE. 

proper  notice  has  been  given,  and  no  injustice  will  be  clone  thereby,  they 
shall,  at  their  next  regular  meeting,  declare  the  same  vacated,  and  give 
notice  thereof  to  the  township  clerk,  who  shall  enter  the  same  on  the 
records  of  the  township ;  but  any  person  in  the  township  feeling  aggrieved, 
shall  have  a  right  to  appeal  from  the  final  decision  of  the  trustees  to 
the  probate  court  in  like  manner  as  provided  in  chapter  four. 

Sec.  4684.  [Alteration.]  The  trustees  of  any  township  are  au- 
thorized, upon  petition  for  that  purpose,  to  alter  or  change  the  direction 
of  any  township  road  in  their  respective  townships,  in  such  manner  as 
shall  be  reasonable  and  as  the  public  convenience  may  require. 

Sec.  4685.  [Proceedings  therefor.]  Upon  application  for  an 
alteration  or  change  in  any  township  road,  the  same  proceedings  shall  be 
had  by  and  before  such  trustees  in  all  respects  as  required  by  section 
forty-six  hundred  and  seventy-two. 

Sec.  4686.  [Are  public  highways;  Washingtbn  township,  Pick- 
away county.]  All  township  roads  heretofore  or  hereafter  estab- 
lished are  hereby  declared  to  be  public  highways ;  provided,  that  in  town- 
ships which  by  the  federal  census  of  1890  had,  or  by  any  subsequent 
federal  census  may  have  a  population  of  1,140,  in  counties  which  by  the 
last  federal  census  had,  or  by  any  subsequent  federal  census  may  have  a 
population  of  26,959,  all  roads  which  commence  in  an  established  road 
and  pass  on  and  intersect  another  established  road,  and  which  have  been 
open  and  used  by  the  public  for  more  than  twenty-one  years  as  public 
highways  shall  be  considered  township  roads,  and  shall  be  kept  in  repair 
by  the  supervisors,  the  same  as  other  established  roads  and  highways. 

(4686-1)  Sec.  1.  [Submission  of  improvement  question  to  elec- 
tors of  township  and  village  therein.]  The  trustees  of  any  township 
in  this  state,  shall,  when  the  petition  of  one  hundred  or  more  of  the  tax- 
payers of  such  township  is  presented  to  them  praying  for  the  improve- 
ment of  the  public  roads  within  such  township,  and  including  any  road 
running  into  or  through  any  village  or  city  of  the  second  class,  fourth 
grade,  submit  the  question  of  the  improvement  of  said  roads  to  the  quali- 
fied electors  of  such  township,  at  the  next  general  election  held  after 
the  presentation  of  such  petition. 

(4686-2)  Sec.  2.  [Form  of  proposition  and  ballot;  notice.] 
The  qualified  electors  of  such  township  shall  at  said  election  have  sub- 
mitted the  policy  of  the  improvement  of  its  public  roads  by  general  tax- 
ation. Those  voting  in  favor  of  '  such  proposition  shall  have  on 
their  ballot,  "Road  improvement  by  general  taxation  —  Yes ;" 
and.  those  opposed,  "Road  improvement  by  general  taxation — No." 
The  township  trustees  shall  cause  notice  of  said  election  to  be  pub- 
lished in  two  newspapers  in  general  circulation  if  such  are  printed  in 
said  township  for  at  least  ten  days,  and  shall  also  cause  handbills,  an- 
nouncing the  same,  to  be  posted  at  the  usual  places  of  holding  elections, 
at  each  precinct  in  such  township  at  least  ten  davs  previous  to  such 
election. 

(4686-3)  Sec  3.  [Judges  and  clerks  of  election;  returns.]  The 
trustees  of  such  township  shall  appoint  three  judges  and  two  clerks  for 
each  precinct  therein,  who  shall  conduct  such  election  in  like  manner 
as  is  by  law  provided  for  holding  other  elections,  and  who  shall  within 
three  days  thereafter  return  to  the  clerk  of  said  township  a  full  and 
correct  abstract  of  the  votes  cast  at  such  election,  and  shall  be  °"overned 


LAWS    RELATING   TO   AGRICULTURE.  171 

in  all  respects  by  the  laws  regulating  general  elections,  and  shall  receive 
the  same  compensation  as  judges  and  clerks  of  other  elections,  which 
shall  be  paid  out  of  the  township  funds,  under  the  order  of  the  town 
ship  clerk.  The  poll-book  and  abstract  so  returned  to  the  township 
clerk,  shall  within  five  days  thereafter,  be  opened  by  the  township  trus- 
tees and  clerk  and  a  correct  statement  of  the  result  shall  be  entered  upon 
the  records  of  the  township  by  the  clerk  for  public  inspection. 

(4686-4)      Sec.  4.      [Result  of  negative  vote;  resubmission.]      If 

at  such  election  a  majority  of  the  votes  cast  are  against  the  policy  of 
improving  the  roads  by  general  taxation,  the  township  trustees  shall 
not  assess  any  taxes  for  that  purpose ;  but  they  shall,  when  a  like  peti- 
tion is  thereafter  presented  to  them,  again  submit  the  same  question  at 
the  next  annual  election,  either  spring  or  fall,  to  the  qualified  voters- 
of  such  township,  notice  of  which  shall  be  given  and  the  election  con- 
ducted, in  all  respects,  in  the  manner  hereinbefore  prescribed. 

(4686-5)  Sec.  5.  [Appointment,  etc.,  of  commissioners;  va- 
cancy; designation  of  improvements;  engineer's  selection  and  duties.] 
If,  at  such  election  a  majority  be  found  in  favor  of  the  policy  of  the  im- 
provement of  the  public  roads  of  such  township  by  general  taxation,  the 
trustees  of  such  township  shall  appoint  three  freeholders,  as  com- 
missioners, who  shall  serve  three  years  from  and  after  the  date  of  their 
appointment,  and  in  the  event  of  a  vacancy  occurring  upon  such  board, 
from  any  cause  whatsoever,  such  vacancy  shall  be  filled  by  appointment 
for  the  unexpired  term  by  the  trustees.  Such-  commissioners  shall  desig- 
nate and  determine  the  established  roads  of  such  township,  which  shall, 
in  their  opinion,  be  improved.  The  commissioners  shall  call  to  their 
assistance  a  competent  engineer,  who  shall  make  a  correct  map  of  such 
township,  plainly  showing  the  established  roads  of  such  township  which 
have  been  by  such  commissioners  designated  for  such  improvement : 
also,  profiles  of  such  roads,  showing  the  grade  thereof,  as  they  then  exist, 
or  have  been  established,  which  he  shall  turn  over  to  the  custody  of  the 
township  clerk. 

(4686-6)  Sec  6.  [Oath  and  non-compensation  of  commission- 
ers; compensation  of  engineer.]  The  commissioners  so  appointed 
shall  before  entering  upon  the  discharge  of  their  duties  take  an  oath 
or  affirmation,  to  honestly  and  impartially  discharge  their  duties  with 
a  view  to  the  public  welfare,  and  shall  serve  without  compensation.  The 
engineer  shall  receive  such  sum,  not  to  exceed  four  dollars  per  day,  as 
he  may  with  the  commissioners  agree  upon.  The  compensation  of  the 
engineer  shall  be  paid  out  of  the  township  funds,  upon  the  order  of 
the  township  clerk,  after  allowance  by  the  township  trustees. 

(4686-7)  Sec.  7.  [Order  of  improvement.]  After  the  report 
of  the  commissioners,  and  the  map  and  profiles  have  been  filed  with  the 
township  clerk,  the  township  trustees  shall,  in  determining  which  roads 
and  treets  shall  be  first  improved,  of  those  designated  by  the  commis- 
sioners, select  those  nearest  the  center  line  of  such  township,  north  and 
south,  and  if,  in  their  opinion,  it  is  not  expedient  to  improve  all  road^ 
in  all  directions  at  one  time,  they  shall  proceed  to  improve  the  roads 
which  in  their  opinion  are  the  most  traveled  and  used  within  such  town- 
ship. 

(4686-8)  Sec  8.  [Record;  account  of  receipts  and  expendit- 
ures.] The  trustees  shall  cause  to  be  kept  by  the  township  clerk  in 
a  book,  to  be  provided  by  them  for  that  purpose,  a  full  and  correct; 


172 


LAWS    RELATING    TO    AGRICULTURE. 


record  of  their  proceeding?  under  this  act,  relating  to  the  matter  of 
improving  roads  within  such  township:  and  also  an  accurate  separate 
account  of.  receipts  and  expenditures  under  its  provisions;  and 
no  money  raised  for  the  improvement  of  public  roads  and  streets  shall 
be  drawn  from  the  treasury,  except  for  liabilities  already  accrued,  and 
then  only  in  pursuarce  of  orders  caused  by  the  trustees,  whilst  in  session 
as  a  board,  and  be  entered  on  the  record  of  their  proceedings,  and  by 
orders  drawn  in  pursuance  thereof  by  the  township  trustees,  upon  the 
township  treasurer,  and  in  favor  of  persons  only  to  whom  the  money  is 
due. 

(4686-9)  Sec.  9.  [Award  of  contracts.]  When  the  township 
trustees  have  by  resolution  determined  to  improve  a  designated  road, 
the  work  of  its  construction  shall  be  by  them  publicly  let  to 
the  lowest  responsible  bidder,  after  notice  given  of  such  letting  by  pub- 
lication in  one  or  more  newspapers  if  published  in  such  township,  and 
by  handbills  judiciously  posted,  at  least  fifteen  days  before  the  letting  of 
the  contract. 

(4686-10)  Sec.  10.  [Specifications.]  For  the  purpose  of  let- 
ting contract,  the  trustees  shall  cause  each  road  about  to  be  im- 
proved, to  be  divided,  into  suitable  sections,  and  the  sections  num- 
bered from  the  point  of  beginning,  toward  the  township  line,  and  shall 
let  the  same  by  sections.  All  contracts  shall  be  let  upon  proper  speci- 
fications of  the  various  kinds  of  labor  required  upon  each  section  and 
also  the  material,  which  shall  enter  into  the  construction  of  the  same. 
Bidders  shall  be  required  to  separately  state  their  bids  for  each  class 
of  work,  in  such  manner  as  the  trustees  may  demand,  and  shall  also  bid 
separately  for  the  material  to  be  furnished. 

(4686-11)  Sec.  11.  [Bond.]  Contractors  shall  be  required  to 
give  bond  in  amount  at  least  equal  to  the  contract  price,  with  sufficient 
security  for  the  faithful  performance  of  his  contract,  payable  to  the  town- 
ship trustees,  for  the  use  and  benefit  of  such  township,  and  with  the 
•necessary  stipulations  on  part  of  the  contractor,  and  specifications  of  the 
work  and  material  inserted  therein. 

(4686-12)  Sec.  12.  [Point  where  construction  to  begin;  pay- 
ment.] In  all  cases  the  constructions  of  such  roads  shall  com- 
mence at  the  point  of  beginning,  and  no  payment  for  work  shall 
rje  made  except  upon  the  estimates  made  by  the  superintendent  of  im- 
proved roads,  appointed  by  the  trustees,  and  by  him  duly  certified,  for 
work  actually  done  and  for  material  actually  furnished,  after  reserving 
such  per  cent.,  not  less  than  fifteen,  as  may  be  fixed  by  the  parties  to  the 
contract,  to  guarantee  the  performance  thereof. 

14686-13)  bEC.  13.  [Specifications.]  Xo  road  shall  be  im- 
proved under  the  provisions  of  this  act  which  is  less  than  forty  feet 
in  width,  and  shall  be  graded  at  least  twenty  feet  in  width ;  shall  be  turn- 
piked  with  earth  so  as  to  drain  freely  to  the  sides  and  may  be  macadam- 
ized, raised  with  stone  or  gravel  not  less  than  ten  nor  more  than  six- 
teen feet  in  width,  and  not  less  than  sixteen  inches  thick  in  the  center, 
nor  less  than  twelve  inches  thick  at  the  outer  edge  of  said  bed  of  stone, 
and  gravel  well  compacted  together  in  such  manner  as  to  secure  a  firm, 
even  and  substantial  road.  In  no  case  shall  the  grade,  or  ascent,  or 
descent  of  the  road  be  greater  than  seven  degrees.  The  road  shall 
he  well  provided  with  the  necessary  side  drainings.  waste-ways  and 
nnder-drains  to  prevent  overflowing  or  washing  of  water :  and  the  com- 


LAWS    RELATING   TO   AGRICULTURE. 


173 


missioners  of  the  county  in  which  such  township  is  located  shall,  upon 
the  application  of  the  township  trustees,  cause  the  necessary  bridges 
and  culverts  on  said  road  to  be  constructed  or  reconstructed  in  a  sub- 
stantial manner  so  as  to  conform  to  the  grade  of  the  improved  road. 
Provided,  that  nothing  in  this  section  contained  shall  be  construed  so  as- 
to  compel  the  county  commissioners  to  construct  any  bridge,  -which  in 
their  judgment  could  be  avoided  by  a  reasonable  change  in  the  road,  or 
construct  a  bridge  when  for  the  time  being,  on  account  of  the  financial 
condition  of  the  bridge  fund  they  cannot,  in  their  judgment,  do  so, 
without  neglecting  the  needed  repairing  or  construction  of  other  TTrirtges 
of  greater  public  importance. 

(4686-14)  Sec.  14.  [Free  turnpikes;  regulation  of  tires.]  All 
roads  improved  under  the  provisions  of  this  act  shall  be  free 
turnpikes ;  but  the  trustees  of  any  such  township  shall  have  the  same 
power  to  regulate  the  width  of  the  tires  to  be  used  on  such  road  as  is 
conferred  upon  the  county  commissioners  in  section  4904  of  the  Revised 
Statutes  of  Ohio,  and  the  penalties  provided  in  section  4905  of  said 
statute,  shall  be  applicable  and  imposed  for  any  violation  of  the  rules 
adopted  by  such  trustees  regulating  the  travel  upon  such  improved  roads. 

(4686-15)  Sec.  15.  [Employment,  pay,  oath,  etc.,  of  superin- 
tendent of  the  improved  roads.]  Before  entering  upon  the  improve- 
ment of  any  roads,  under  the  provisions  of  this  act,  the  trus- 
tees of  any  such  township  shall  employ  some  competent  engineer,  who 
shall  be  known  as  superintendent  of  the  improved  roads,  and  who  shall 
be  paid  not  more  than  four  dollars  per  day  for  time  actually  employed,, 
out  of  the  funds  raised  for  the  improvement  of  roads.  He  shall,  be- 
fore entering  upon  his  duties,  take  and  subscribe  an  oath  or  affirmation 
to  faithfully  and  honestly  discharge  his  duties,  and  shall  give  bond  in 
the  sum  of  five  thousand  dollars,  payable  to  the  trustees  for  the  use 
and  benefit  of  said  township,  conditioned  that  he  shall  faithfully  and 
honestly  discharge  his  duties,  all  and  singular  as  superintendent  of  im- 
proved roads  of  such  township ;  and  for  the  duties  performed  under  the 
provisions  of  this  act,  the  trustees  shall,  upon  filing  an  itemized  state- 
ment to  the  clerk  of  such  township,  as  provided  in  section  1530.  Re- 
vised Statutes,  as  amended  April  21,  1890,  receive  two  dollars  per  day 
in  addition  to  the  fees  allowed  in  section  1530,  for  other  services  rendered 
for  the  time  actually  employed,  and  such  compensation  shall  not  in  any 
one  year  exceed  the  sum  of  one  hundred  dollars  each,  for  the  services 
performed  under  this  original  act;  and  the  trustees  shall  allow  the 
township  clerk  for  services  performed  under  this  act  a  reasonable  com- 
pensation, not  to  exceed  one  hundred  dollars  in  any  one  year. 

(4686-16)  Sec.  16.  [Duties  of  superintendents;  payment  for 
work,  etc.]  It  shall  be  the  duty  of  the  superintendent  of  improved 
roads,  of  such  township,  to  prepare  all  plans,  profiles,  specifications 
and  to  determine  the  grade  of  any  road  about  to  be  improved  by  the 
trustees  of  such  township,  when  by  them  directed  so  to  do :  and  all 
work  done  on  said  roads  shall  be  under  his  supervision,  and 
all  material  shall  be  inspected  by  him,  and  both  shall  be  subject  to  his 
approval.  No  payment  shall  be  made  for  any  work  or  material  except 
upon  his  estimates  and  certificate  that  the  same  is  in  compliance  with 
the  contract.  He  shall  make  and  furnish  to  the  parties  in  interest,  esti- 
mates for  the  work  done  and  material  furnished,  at  such  times,  as  the 


174  LAWS    RELATING   TO    AGRICULTURE. 

contract  may  provide,  and  may  employ  such  assistance  as  he  may  re- 
quire, first  having  had  the  consent  of  such  trustees  thereto,  who  shall 
receive  such  compensation  as  the  township  trustees  may  allow. 

(4686-17)  Sec.  17.  [Issue  of  bonds.]  For  the  purpose  of  pro- 
viding the  money  necessary  to  meet  the  expenses  of  improving  such 
roads,  the  trustees  of  any  such  township  may,  if  in  their  opinion  it  be 
advisable,  issue  the  bonds  of  the  township,  payable  at  such  times  as 
thev  may  determine,  not  exceeding  thirty  years,  in  the  sum  of  five  hun- 
dred dollars  each,  bearing  interest  at  a  rate  not  to  exceed  six  per  cent, 
per  annum,  payable  semi-annually  ;  and  such  bonds  shall  not  be  sold 
for  less  than  their  par  value,  and  accrued  interest,  and  the  aggregate 
amount  of  the  bonds  of  any  such  township,  at  any  one  time  outstanding, 
shall  not  exceed  fifty  thousand  dollars.  The  sale  of  such  bonds  shall 
be  advertised  for  at  least  thirty  days  and  the  same  sold  to  the  highest 
bidder,  at  the  office  of  the  trustees  of  such  township. 

(4686-18)  Sec  18.  [Annual  tax.]  When  the  trustees  of  any 
such  township  have  determined  to  improve  any  road,  as  herein  provided,  in 
order  to  provide  for  the  payment  of  such  improvement  and  to  provide 
a  fund  for  the  redemption  of  any  bonds  issued  by  them  under  the  pro- 
visions of  section  seventeen  [§(4686-17)]  of  this  act,  together  with  the 
interest  thereon,  they  shall,  in  addition  to  the  other  road  taxes  author- 
ized by  law  to  levy  annually  upon  each  dollar  of  valuation  of  all  the  tax- 
able property  of  such  township  an  amount  not  exceeding  three  mills 
upon  each  dollar  of  such  valuation,  and  shall  continue  such  levy  from 
year  to  year  until  all  the  roads  by  said  commissioners  designated  for 
improvements  have  been  improved,  as  herein  provided,  and  the  bonds 
issued  for  that  purpose,  together  with  interest  thereon,  have  been  paid. 

4686-180.  [Submission  of  question  of  increased  tax  levy.]  The 
trustees  of  any  township  in  this  state,  in  which  free  turnpikes  have  been 
heretofore  constructed  under  the  provisions  of  this  act,  shall,  when  the 
petition  of  one  hundred  or  more  of  the  taxpayers  of  such  township,  in- 
cluding any  village,  therein,  is  presented  to  them  praying  for  an  increase 
of  tax  levy  for  the  improvement  of  public  roads  and  streets  of  such  town- 
ship and  village,  submit  the  question  for  an  increase  of  tax  levy  for 
the  improvement  of  public  roads  and  streets  to  the  qualified  electors  of 
such  township  and  such  village,  at  the  next  general  election  held  after 
the  presentation  of  such  petition.  The  qualified  electors  of  such  town- 
ship and  village  shall,  at  said  election,  have  submitted  to  them  the  policy 
of  an  increase  of  tax  levy  for  the  improvement  of  its  public  roads  and 
streets  by  general  taxation.  Those  voting  in  favor  of  such  proposi- 
tion shall  have  on  their  ballots,  "Increase  of  tax  levy  for  road  improve- 
ment by  general  taxation — Yes,"  and  those  opposed,  "Increase  of  tax 
levy  for  road  improvement  by  general  taxation — No." 

[Notice  of  election.]  The  township  trustees  shall  cause  notice 
of  said  election  to  be  given  in  the  same  manner  as  provided  in  section 
4686-2  of  this  act,  ,and  the  provisions  of  section  4686-3  of  this  act  shall 
be  applicable  to  such  election.  If  at  such  election  a  majority  of  the 
votes  cast  are  in  favor  of  an  increase  of  tax  levy  for  road  improvement 
by  general  taxation,  the  township  trustees  shall  levy  annually  upon  each 
dollar  of  valuation  of  all  the  taxable  property  of  such  township,  includ- 
ing such  village,  an  amount  not  exceeding  "six  mills  upon  each  dollar 
of  valuation,  as  provided  in  section  4686-18  of  this  act ;  and  if  a  ma- 
jority of  the  votes  cast  are  ^against  an  increase  of  tax  levy  for  road  im- 


LAWS   RELATING   TO   AGRICULTURE.  175 

provement  by  general  taxation,  the  township  trustees  shall  not  levy  a 
tax  in  excess  of  that  which  they  were  authorized  to  levy  before  such 
election  was  held; 

[Resubmission  of  question.]  But  they  shall,  when  a  like  petition 
is  hereafter  presented  to  them,  again  submit  the  same  question,  at  the 
next  general  election  held  after  the  presentation  of  such  petition,  to  the 
qualified  voters  of  such  township,  including  such  village,  notice  of  which 
shall  be  given  and  the  election  conducted,  in  all  respects,  in  the  manner 
hereinafter  prescribed. 

(4686-19)      Sec.   19.      [Certification  and  collection  of  taxe.]     Teh 

trustees  of  any  such  township  shall  cause  the  amount  of  taxes  by 
them  levied  each  year,  under  the  provisions  of  section  18  [§(4686 — 18)] 
of  this  act,  to  be  certified  to  the  auditor  of  the  county,  in  which  it  is 
located,  as  other  taxes  are  certified  to  him,  and  the  same  shall  be  by 
him  placed  upon  the  duplicate  of  the  taxable  property  of  such  town- 
ship, and  the  same  shall  be  collected  by  the  treasurer  of  said  county  as 
other  taxes  are  collected. 

(4686-20)  Sec.  20.  [Provisions  for  repairs.]  The  trustees  of 
any  such  township  shall  provide  for  the  keeping  in  repair  of  such  im- 
proved roads  and  for  that  purpose  the  provisions  of  sections  4891, 
4892  and  4893,  and  any  amendments  thereto  of  the  Revised  Statutes  are 
made  applicable  to  such  township. 

(4686-21)  Sec  21.  [Annual  tax  for  repairs.]  To  provide  a 
fund  for  the  keeping  in  repair  of  such  improved  roads,  the  trustees  of 
such  township  may  levy  annually  an  amount  not  to  exceed  one-half  of 
one  mill  upon  each  dollar  of  the  valuation  of  all  taxable  property  in 
such  township,  in  addition  to  other  road  taxes  by  them  levied. 

(4686-22)  Sec  22.  [Duties  and  fees  of  township  treasurer.] 
The  treasurer  of  any  such  township  shall  receive  and  disburse  all  money 
arising  from  the  provisions  of  this  act.  He  shall  receive  as  compensation 
therefor  One-half  of  one  per  centum  of  the  first  ten  thousand  dollars,  or 
less,  distributed  in  any  one  year  and  one-fourth  of  one  per  centum  of 
any  amount  in  excess  of  ten  thousand  dollars,  to  be  paid  out  of  the  town- 
ship funds,  and  he  shall  receive  no  other  compensation  for  services  ren- 
dered under  this  act. 

(4686-23)  Sec  23.  [Exemption.]  No  taxes  or  assessments 
shall  be  levied  upon  any  property  in  such  township,  by  the  county  com- 
missioners of  the  county  in  which  it  is  located,  under  the  provisions  of 
chapters  6,  7,  8,  title  7,  of  the  Revised  Statutes  of  Ohio,  after  any  public 
roads  thereof  have  been  improved  under  the  provisions  of  this  act. 

(4686-24)  Sec  24.  [Application  of  cost  where  improvements 
made  on  assessment  plan.]  That  in  all  cases  where  roads  have 
been  heretofore  improved  or  shall  be  hereafter  improved  by  being 
graded  or  macadamized  or  paved  on  the  assessment  plan,  and  paid  for, 
or  in  process  of  being  paid  for,  by  abutting  property  owners,  that  the 
entire  cost  of  the  improvement  herein  provided  for  such  width  as  may 
be  designated  by  the  commissioners,  and  at  such  time  as  such  commis- 
sioners may  designate  such  roads  for  improvement  shall  be  paid  to  the 
treasurer  of  the  township,  as  the  case  may  be,  and  the  money  so  paid  shall 


176  LAWS    RELATING    TO    AGRICULTURE. 

be  by  him  applied  to  the  payment  of  outstanding  bonds  issued  for  said 
improvement. 

(4686-25 )  Sec.  25.  [Restrictions.]  That  not  to  exceed  five 
miles  of  roads  shall  be  improved  in  any  one  year,  and  that  in  no  event 
shall  the  bonds  herein  authorized  be  issued  for  a  sum  greater  than  is 
required  to  pay  the  cost  of  the  improvement  of  roads  for  the  current  year. 

(4686-26)  Sec.  1.  [Improvement  of  dedicated  street,  etc.,  by 
township  trustees;  appropriation  of  real  estate  therefor.]  Upon  the 
presentation  of  a  petition  therefor,  signed  by  the  owners  of  a  majority  of 
the  feet  front  abutting  on  any  dedicated  street,  alley,  or  avenue,  as  set 
forth  in  any  plat  or  map  of  record  in  the  recorder's  office  of  any  county, 
and  when  said  dedicated  street,  alley  or  avenue  is  not  within  the  limits, 
or  subject  to  the  control  of  any  municipal  corporation,  the  trustees  of 
the  township  wherein  said  street,  alley  or  avenue  is  situated,  are  hereby 
authorized  and  required  to  open,  extend,  widen  and  straighten  said 
street,  alley  or  avenue,  in  such  manner  as  may  be  indicated  on  the  re- 
corded plat  or  map  which  dedicates  said  street,  alley  or  avenue,  and  shall 
appropriate,  enter  upon  and  hold  any  real  estate  within  the  township 
necessary  for  such  purpose,  regardless  of  any  other  public  use  of  said 
real  estate. 

(4686-27)  Sec  2.  [Proceedings  for  appropriation.]  The  trus- 
tees of  any  township  upon  receiving  the  petition,  as  provided  in  section 
one  (1)  [§(4686-26)]  hereof,  shall  immediately  make  application  to 
the  probate  court  of  the  county,  as  provided  in  section  2236  of  the  Re- 
vised Statutes  of  Ohio,  and  thereafter,  as  far  as  practicable,  the  pro- 
ceedings shall  conform  to,  and  be  had  under  the  provisions  of  sections 
2236  to  2261,  inclusive,  of  the  Revised  Statutes  of  Ohio. 

(4686-28)  Sec  3.  [Compensation  of  trustees;  assessments 
upon  abutters;  payment  of  assessments;  collection  of  unpaid  assess- 
ments; application  of  moneys;  power  of  county  treasurer.]  The  trus- 
tees shall  receive  reasonable  compensation  for  their  services,  which  shall 
not' exceed  in  any  case  the  sum  of  twenty-five  dollars  each,  which,  with 
all  costs  and  expense  of  constructing  said  improvement,  together  with 
the  interest  on  any  bonds  issued  by  the  trustees  for  the  same,  shall  be 
levied  and  assessed  upon  each  front  foot  of  the  lots  and  lands  abutting  on 
each  side  of  the  street,  alley  or  avenue  to  be  improved,  and  shall  be  a 
lien  from  the  date  of  the  assessment  upon  the  respective  lots  or  parcels 
of  lands  assessed;  said  assessment  shall  be  payable  in  five  (5)  annual 
payments,  and  shall  be  paid  to  the  township  treasurer;  and  the  option 
of  paying  his  portion  of  such  assessment  in  full  within  a  period  of 
twenty  (20)  days  from  the  date  of  the  levy  thereof,  shall  be  given  to 
each  of  the  property  owners,  but  no  notice  to  the  property  owners  of 
such  option  shall  be  necessary.  The  township  treasurer  shall,  on  or  be- 
fore the  second  Monday  of  September  annually,  certify  all  unpaid  assess- 
ments to  the  county  auditor,  and  the  same  shall  be  placed  on  the  tax 
list,  and  shall  be,  with  ten  (10)  per  cent,  penalty  to  cover  interest  and 
cost  of  collection,  collected  by  the  county  treasurer  in  the  same  manner 
as  other  taxes  are  collected,  and  when  collected  he  shall  pay  the  same  to 
the  township  treasurer ;  and  all  moneys  received  by  the  township  treas- 
urer on  such  assessments  shall  be  applied  to  the  payment  of  the  bonds 
issued  under  this  act.  and  for  no  other  purpose:  and  for  the  purpose 
of  enforcing  the  collection  of  the  assessments  so  certified  to  him.   the 


LAWS   RELATING  TO   AGRICULTURE,  177 

county  treasurer  shall  have  the  same  power  and  authority  now  allowed 
by  law  for  the  collection  of  state  and  county  taxes. 

(4686-29)  Sec  4.  [Bonds.]  For  the  purpose  of  raising  money 
necessary  to  meet  the  expense  of  the  improvement  the  trustees  of  a 
township  wherein  such  street,  alley  or  avenue  is  situated,  are  hereby 
authorized  and  directed  to  issue  the  bonds  of  the  township,  not  exceed- 
ing $5,000  in  amount,  payable  in  installments,  or  at  intervals  not  ex- 
ceeding in  all  the  period  of  six  (6)  years,  bearing  interest  at  the  rate 
of  six  (6)  per  cent,  per  annum,  which  bonds  shall  not  be  sold  for  "less 
than  their  par  value. 

(4686-30)  Sec.  1.  [Levy  for  improvement  of  highways  by 
township  trustees.]  The  trustees  of  any  township  in  the  state  of 
Ohio,  wherein  no  other  system  of  road  improvement  by  macadamizing  or 
graveling  has  heretofore  been  adopted  and  in  use,  be,  and  are  hereby 
authorized  to  levy  and  assess  upon  the  taxable  property  of  their  respec- 
tive townships,  a  tax  not  exceeding  four  mills  in  any  one  year  upon  the 
dollar  valuation  of  the  taxable  property  of  such  township  in  addition  to 
other  taxes  authorized  by  law,  for  the  purpose  of  improving  by  macadam- 
izing and  graveling  the  public  highways  in  such  township,  as  may  be 
deemed  expedient  or  necessary  by  the  board  of  trustees  of  such  township, 
and  for  no  other  purpose. 

(4686-31)  Sec.  2.  [Collection  of  tax.]  That  the  taxes  author- 
ized to  be  levied  shall  be  placed  by  the  county  auditor  upon  the  taxable 
property  of  the  township,  and  collected  by  the  county  treasurer  as  other 
taxes,  and  when  collected  shall  be  paid  to  the  township  treasurer  of  the 
township  from  which  the  same  was  collected,  and  be  under  the  control 
of  the  township  trustees  thereof,  for  the  purpose  of  improving  by  macad- 
amizing and  graveling  the  public  highways  of  such  township. 

(4686-32)  Sec  3.  [Trustees  to  determine  roads  for  improve- 
ment; powers  of  trustees.]  The  board  of  trustees  shall  designate  the 
road  or  roads  to  be  improved,  which  shall  be,  first  the  main  and  leading 
road  or  roads  of  the  township,  and  upon  which  the  material  can  be  most 
easily  procured.  The  board  of  trustees  after  having  determined  which 
road  or  roads  are  to  be  improved,  shall  examine  such  road  or  roads  and 
ascertain  if  the  proposed  road  or  roads  are  sufficiently  graded  and 
drained,  and  if  such  be  not  the  case,  they  may  take  to  their  assistance  a 
competent  surveyor  or  engineer,  whose  duty  it  shall  be  to  make,  under 
the  direction  of  the  board  of  trustees,  a  survey  and  level  of  the  road  or 
road  as  selected,  fix  the  grade  of  the  road  or  roads,  and  the  grade  and 
capacity  of  the  drains  on  the  sides  thereof.  The  trustees  shall  cause 
to  be  constructed  all  necessary  culverts  on  such  road  or  roads,  fix  the 
width  of  the  graveled,  paved  or  macadamized  track  not  less  than  nine 
feet  nor  more  than  sixteen  feet,  and  the  depth  thereof  not  less  than 
eight  inches  nor  more  than  twelve  inches  in  the  center,  and  the  slope 
from  the  center  to  the  sides. 

[Consolidation  of  districts.]  The  trustees  may  consolidate  the 
road  districts,  through  which  any  such  proposed  road  improvement  passes, 
and  direct  the  supervisors  of  such  road  districts  to  work  the  two  days' 
labor  in  such  district  in  hauling  the  material,  such  as  crushed  stone  or 
gravel  upon  such  road.  The  work  of  hauling  the  material  upon  the 
road  in  such  road  district  shall  be  under  the  supervision  of  the  super- 
visor of  such  district,  but  be  performed  in  such  manner  as  shall  be 
prescribed  by  the  trustees. 

12     F.  H.  B. 


178  LAWS    RELATING   TO    AGRICULTURE. 

14686-331  Sec.  4.  [Letting  of  work.]  A  majority  of  the  board 
pi  trustees  shall  be  necessary  to  order  the  said  road  improvement,  and 
the  work  of  the  construction,  and  the  furnishing"  oi  the  material  for  such 
improvement  shall  be  publicly  let :  excepting  such  work  as  may  be  done 
fey  the  supervisors  of  the  road  district  as  herein  provided.  The  con- 
tract for  the  material  to  be  used  in  the  construction  of  said  road  im- 
provement, and  the  contracts  for  hauling  said  material  upon  the  roads, 
shall  be  let  separately. 

(4686-34)  Sec.  5.  [Notice  by  publication;  contract  to  be  let 
to  lowest  bidder;  bond.]  The  trustees,  after  having  given  public 
notice  of  the  time  and  place  of  such  letting  for  at  least  two  weeks,  in 
.a  newspaper  of  general  circulation  in  the  township  or  county,  or  by 
"hand-bills,  or  both,  at  the  discretion  of  the  board  of  trustees,  specify- 
ing the  kind  and  quality  of  the  material,  and  the  part  of  the  rqgd  upon 
which  the  same  is  to  be  used,  shall  let  the  same  to  the  lowest  bidder, 
who  shall  give,  bond  to  the  acceptance  of  the  trustees. 

[Donations.]  The  trustees  may  accept  donations  of  material  or 
labor  which  may  be  offered  by  any  person  or  persons  for  the  benefit  of 
any  or  all  roads  to  be  improved,  and  the  road  upon  which  the  largest 
donation  is  offered  shall  be  constructed  first.  The  bids  for  the  material 
and  for  the  work  of  hauling  the  same  shall  be  separately  stated,  and 
the  trustees  may  reject  any  or  all  bids. 

[Payment  for  work  and  material.]  The  trustees  shall  examine 
and  accept  the  work  when  completed,  and  ascertain  the  amount  of 
material  furnished  under  the  provisions  of  this  act,  and  if  found  in  all 
respects  correct,  shall  draw  an  order  for  the  amount  due  for  work,  or 
for  material  furnished,  upon  the  township  treasurer,  which  shall  be 
countersigned  by  the  township  clerk. 

(4686-35)  Sec.  6.  [Overseer;  compensation.]  The  board  of 
trustees  may  appoint  one  of  their  number,  or  some  other  suitable  per- 
son, who  shall  oversee  the  work,  and  for  services  rendered  under  the 
provisions  of  this  act,  [and]  they  shall  be  entitled  to  receive,  for  each 
day  actually  employed  the  sum  of' one  dollar  and  fifty  cents  per  day, 

[Record.]  And  the  trustees  shall  provide  for  the  township  clerk 
a  suitable  book  in  which  there  shall  be  kept  a  complete  record  of  the 
business  transacted  under  the  provisions  of  this  act; 

[Duty  of  clerk;  compensation.]  And  it  is  hereby  made  his  duty 
to  keep  a  full  and  complete  record  of  the  action  of  the  board  of  trustees 
under  this  act,  and  the  township  clerk,  for  making  such  record,  shall  be 
entitled  to  receive  ten  cents  per  hundred  words,  and  for  all  other  ser- 
vices such  reasonable  compensation  as  may  be  allowed  by  the  board 
rustees. 

14686-36)  Sec.  7.  [Expenses  paid  from  road  fund.]  The  fees 
of  the  township  officers,  the  engineer,  and  the  person  who  may  be  ap- 
pointed by  the  board  of  trustees  under  the  provisions  of  this  act,  shall 
"be  paid  out  of  the  township  road  fund. 

[Itemized  accounts.]  But  before  any  payment  shall  be  made  for 
services  rendered  under  the  provisions  of  this  act.  the  person  entitled 
thereto  shall  make  out  and  file  with  the  township  clerk,  an  itemized 
account  of  his  services,  whereupon  the  trustees  shall,  -if  they  find  the 
same  correct,  draw  an  order  ori  the  township  treasurer,  countersigned 
by  the  township  clerk. 


LAWS    RELATING    TO    AGRICULTURE.  179 

(4686-37)  Sec.  8.  [Roads  free;  repairs.]  The  roads  graveled, 
paved  or  macadamized  under  the  provisions  of  this  act  shall  be  free  to 
the  public  travel,  and  shall  be  kept  in  repair  by  the  trustees  out  of  the 
funds  that  come  into  the  township  treasury  from  the  county  treasurer, 
as  provided  for  in  section  one  thousand  four  hundred  and  fifty-nine 
i  1459)  of  the  Revised  Statutes  of  Ohio. 

(4686-381  Sec.  1.  [Township  trustees  may  create  township 
into  road  district  for  purpose  of  improving  public  way.]  That  the 
trustees  of  any  township,  whenever  in  their  opinion  it  is  expedient  and 
necessary,  and  for  the  public  convenience  and  welfare,  to  improve  the 
public  ways  of  said  township,  in  whole,  or  in  part,  by  grading,  macadam- 
izing or  graveling,  draining,  adverting,  and  bridging,  may,  by  resolu- 
tion, create  said  township  into  a  road  district  for  the  purpose  of  improv- 
ing the  public  ways  therein,  or  any  number  of  them ;  and  when,  in  any 
such  township,  there  may  be  a  municipal  corporation,  or  municipal  cor- 
porations, such  trustees  may,  by  such  resolution,  erect  the  portion,  or 
portions,  of  such  township  not  included  within  the  corporate  limits  of 
any  such  municipal  corporation,  or  municipal  corporations,  into  such 
road  district ;  and  in  like  manner  the  township  trustees  may  erect  any 
election  precinct,  or  part  of  election  precinct,  in  such  township,  into  such 
road  district :  and  any  road  district,  so  created,  shall  be  given  an  appro- 
priate name,  by  which  it  shall  be  known  and  designated. 

(4686-39)  Sec.  2.  [May  borrow  money  and  issue  bonds.]  That 
in  order  to  provide  means  for  improving  the  public  ways  in  any  such 
road  district,  the  township  trustees  may,  if  in  their  judgment  it  is  ex- 
pedient and  necessary  to  do  so,  borrow  money  and  issue  bonds  of  such 
road  district  for  the  payment  of  the  same ;  such  bonds  to  be  issued  at 
such  times,  and  in  such  amounts,  as  the  work  progresses,  as  may,  in  the 
judgment  of  the  township  trustees,  be  necessary  for  the  purposes  of 
such  road  improvements ;  and  such  bonds  shall  bear  interest  at  a  rate 
not  exceeding  five  per  centum  per  annum,  payable  semi-annually,  shall 
be  in  denominations  of  not  less  than  one  hundred  and  not  more  than  one 
thousand  dollars  each,  as  may  be  determined  by  the  trustees,  shall  not 
run  longer  than  twenty  years,  as  may  be  determined  by  the  trustees, 
and  shall  be  signed  by  the  township  trustees,  or  a  majority  of  them, 
and  attested  by  the  township  clerk :  and  the  interest  shall  be  evidenced 
by  appropriate  coupons  attached  to  each  bond,  and  authenticated  by  the 
signature  of  the  township  clerk : 

[Limit  of  issue.]  Provided,  that  it  shall  not  be  lawful  for  the 
township  trustees  to  cause  to  be  outstanding  more  than  one  hundred 
thousand  dollars  par  value  of  such  bonds  of  such  road  district,  at  any 
one  time :  nor  to  issue,  under  any  single  vote,  more  than  the  aggregate 
amount  stated  in  the  notice  of  the  election  therefor. 

(4686-40)  Sec.  3.  [Question  to  be  submitted  to  electors.]  That 
before  the  improvement  of  any  such  public  ways  shall  be  undertaken, 
and  before  any  bonds  shall  be  issued  under  this  act  to  pay  for  such 
improvements,  the  question  of  improving  said  public  ways  and  of  issu- 
ing bonds  under,  and  in  accordance  with  this  act,  shall  be  submitted  to 
the  qualified  electors  of  such  road  district,  at  a  general  or  special  elec- 
tion of  which,  of  the  purpose,  time  and  place,  within  such  township,  of 
holding  which,  and  of  the  aggregate  amount  of  bonds  proposed  to  be 
issued,  said  trustees  shall  have  caused  not  less  than  ten  days'  notice  to 
be  given  m  the  manner  as  provided  by  the  laws  of  Ohio  for  other  gen- 
eral or  special  elections,  as  the  case  may  be. 


180  LAWS   RELATING  TO   AGRICULTURE. 

(4686-41)  Sec.  4.  [Ballots  for  election.]  That  whenever  the 
township  trustees  shall  determine  to  submit  such  question  to  the  electors 
of  any  such  road  district,  they  shall  pass  a  resolution  to  that  effect,  in 
which  resolution  the  boundaries  of  such  road  district,  if  they  be  not  co- 
incident with  the  boundaries  of  the  township,  shall  be  designated;  and 
the  clerk  of  said  township  shall  file  a  certified  copy  of  such  resolution 
with  the  deputy  state  supervisors  of  elections  of  the  county  in  which 
such  road  district  is  located,  not  less  than  fifteen  days  before  the  time 
therein  fixed  for  said  election ;  and  the  deputy  state  supervisors  of  elec- 
tions shall  cause  to  be  prepared  and  furnished  at  the  expense  of  such 
township,  ballots  for  said  election,  on  which  shall  appear  the  words 
"Road  improvement  bonds  —  Yes,''  "Road  improvement  bonds  —  No ;" 
and  when  such  road'  district  is  a  part  of  a  township  the  notice  of  the 
election  above  provided  to  be  given  shall  designate  the  boundaries  thereof. 

(4686-42)  Sec.  5.  [Judges  and  clerks  of  election.]  That,  at 
any  election  held  thereunder,  the  judges  and  clerks  of  election  for  the 
time  being  of  the  township  in  which  the  same  is  held,  shall  act  as  judges 
and  clerks,  and  vacancies  shall  be  filled  in  like  manner  as  in  other  elec- 
tions ;  and  such  officers  shall  certify  the  result  of  said  election  forthwith 
after  it  shall  have  been  ascertained,  to  the  clerk  of  said  township,  who 
shall  abstract  and  record  the  same,  and  the  electors  at  such  election,  desir- 
ing to  vote  in  favor  of  the  proposition  shall  place  a  cross  mark,  in  black 
lead  pencil,  to  the  left  of  the  words  "Road  improvement  bonds  —  Yes/' 
and  those  desiring  to  vote  against  said  proposition  shall  place  such  cross 
mark  to  the  left  of  the  words  "Road  improvement  bonds  —  No ;"  and 
if  a  majority  of  the  votes  cast,  upon  such  question,  at  such  election, 
shall  be  in  favor  of  the  proposition,  the  township  trustees  shall  proceed 
to  improve  the  public  ways  of  such  road  district  and  to  issue  bonds  to 
provide  means  therefor;  and  the  township  clerk  shall  forthwith  certify 
the  result  of  said  election  and  the  description  of  the  boundaries  and  the 
name  of  such  road  district  to  the  county  auditor. 

(4686-43)  Sec.  6.  [ Employment  of  engineer ;  his  duties. ]  That 
immediately  after  said  election,  if  said  proposition  shall  have  carried, 
the  township  trustees  shall  employ  a  competent  civil  engineer  and  such 
assistants  as  shall  be  necessary,  which  engineer  shall  be  the  engineer 
of  the  road  improvements  of  such  road  district  and  shall  prepare  a  cor- 
rect plat  of  such  road  district,  showing  all  of  the  established  public  ways 
therein,  which  plat  shall  be  designated  by  the  name  of  the  road  district, 
and  shall  be  forthwith  recorded  in  the  office  of  the  township  clerk ;  and 
thereupon  the  said  trustees  shall  determine  the  order  and  manner  in 
which  said  public  ways  shall  be  improved,  beginning,  so  far  as  prac- 
ticable, with  the  main  roads;  and  in  improving  such  public  ways  the 
macadamized,  or  graveled,  portion  shall  be  so  located,  whenever'  prac- 
ticable, as  to  leave  sufficient  space  for  a  dirt  road  at  its  side,  and  said 
graveled  or  macadamized  portion  shall  be  not  less  than  eight,  nor  more 
than  fourteen  feet,  in  width,  and  the  gravel  or  macadam  shall  be  not 
less  than  twelve  inches  in  depth  in  the  center,  and  eight  inches  in  depth  at 
each  outer  side. 

(4686-44)  Sec.  7.  [Division  of  improvement  into  working  sec- 
tions.] That  as  the  improvement  of  each  public  way  is  determined 
upon,  the  engineer  shall  proceed  to  divide  the  improvement  into  work- 
ing sections  and  to  make  a  correct  profile  of  each  working  section  of  such 
public  way  as  it  then  exists,  and  a  profile  of  the  grades  established  for 


LAWS   RELATING   TO   AGRICULTURE.  181 

its  improvement,  and  to  prepare  specifications  for,  and  an  estimate  of 
the  cost  of  each  working  section  of  the  improvement,  which  shall  be 
-filed  and  recorded  in  the  office  of  the  clerk  of  the  township. 

(4686-45)  Sec.  8.  [How  contract  made.]  That  the  contracts 
for  furnishing  the  materials  and  performing  the  labor  in  and  about  such 
improvement,  shall  be  made  by  such  sections  and  in  like  manner  as  is 
•provided  by  law  for  other  township  improvements. 

(4686-46)  Sec.  9.  [How  payments  to  be  made.]  That  pay- 
ments shall  be  made  on  account  of  such  work  and  materials,  upon  esti- 
mates of  the  engineer  as  the  work  progresses,  ten  per  centum  of  each 
estimate  being  retained  until  the  final  completion  and  acceptance  of  the 
work. 

(4686-47)  Sec.  to.  [Advertisement  and  sale  of  bonds.]  That 
the  bonds  provided  to  be  issued  hereunder  shall  be  sold  at  not  less  than 
par  and  accrued  interest,  in  such  quantities  as  may  be  deemed  expedient 
by  the  township  trustees ;  and  shall  be  advertised  and  sold  in  the  manner 
provided  by  law  for  the  advertisement  and  sale  of  any  other  township 
bonds. 

(4686-48)  Sec  11.  [How  repairs  to  be  kept  up.]  That  such 
public  ways,  when  improved,  shall  be  maintained  and  kept  in  repair 
by  the  county  commissioners,  and  the  expense  thereof  shall  be  paid  out 
of  the  county  road  fund. 

(4686-49)  Sec  12.  [Tax  levy.]  That  the  township  trustees 
shal  provide  means  to  pay  the  expense  and  cost  of  such  improvements, 
and  to  pay  the  principal  and  interest  of  such  bonds,  by  a  general  tax 
levied  upon  the  taxable  property  of  the  respective  road  district.  The 
levies  for  which  tax  shall  be  certified  to  the  county  auditor  as  is  pro- 
vided by  law  in  the  case  of  other  levies  of  other  township  trustees. 

(4686-50)  Sec  13.  [Supervisor  of  improvement;  compensation.] 
That  the  township  trustees  shall  designate  one  of  their  number  to  super- 
vise the  improvement  of  each  working  section  of  said  public  ways,  im- 
proved under  this  act,  and  the  trustee  so  designated  shall  receive  for  his 
services  in  that  behalf  not  to  exceed  two  dollars  a  day  for  the  time 
actually  and  necessarily  employed  in  such  supervision ;  and  the  trustees 
shall  provide  such  blanks,  books  and  records,  as  shall  be  necessary  to 
meet  the  requirements  of  this  act ;  and  shall  allow  to  the  township  clerk 
for  the  services  to  be  rendered  by  him,  reasonable  compensation ;  all  of 
which  shall  be  paid  out  of  the  funds  provided  for  such  improvement  on 
the  order  and  allowance  of  the  township  trustees. 


APPEALS  IN   ROAD  CASES. 

Sec  4687.      [When  order  to  open  road  may  be  executed.]      No 

order  of  the  county  commissioners  for  the  establishment  of  a  county  road, 
or  for  the  alteration  or  vacation,  in  whole  or  in  part,  of  a  state  or  county 
road,  or  changing  the  width  of  a  county  road  shall  be  executed  until 
twenty  days  have  elapsed  after  the  entry  of  such  order  in  the  record  of 
the  commissioners,  and  no  order  shall  issue  to  open  any  township  road 
until  fifteen  days  after  the  same  has  been  established,  at  which  time  the 
•clerk  of  the  township  may  issue  such  order,  by  direction  of  the  trustees, 
'unless  an  appeal  has  been  perfected. 


182  LAWS   RELATING   TO   AGRICULTURE. 

Sec.  4688.  [Who  may  appeal  to  probate  court.]  An  appeal  from 
the  final  order  of  the  county  commissioners  establishing  a  county  road, 
or  altering  or  vacating,  in  .whole  or  in  part,  a  state  or  county  road,  or 
changing  the  width  of  a  county  road,  may  be  taken  to  the  probate  court 
of  the  same  county  by  any  person  having  an  estate  in  fee,  for  life,  or  years, 
in  any  lands  or  tenements,  situate  in  any  township  in  the  county,  in  or 
through  which  township  such  new,  altered,  changed,  or  vacated  road 
passes,  or  by  the  husband  of  any  married  woman,  or  guardian  of  any 
ward,  having  such  an  estate. 

Sec.  4689.  [Appeal  bond.]  To  perfect  such  appeal,  the  appel- 
lant shall  execute  with  sufficient  sureties,  or  cause  to  be  executed  by  suffi- 
cient sureties,  to  be  approved  by  the  county  auditor,  a  bond  or  under- 
taking, payable  to  the  state,  in  a  penal  sum  of  not  less  than  one  hundred 
nor  more  than  three  hundred  dollars,  in  the  discretion  of  the  auditor, 
conditioned  for  the  payment  by  such  appellant  of  all  costs  that  may  be 
adjudged  against  him  in  the  probate  court,  or  in  any  other  court,  to 
which  the  proceeding  may  be  removed  by  petition  in  error,  which  bond 
shall  be  filed  with  the  auditor  on  or  before  the  twentieth  day  after  the 
entry  of  the  order  appealed  from  in  the  record  of  the  commissioners ;  but 
minors,  idiots,  or  lunatics,  or  their  guardians  respectively,  may  appeal 
without  giving  bond,  by  causing  an  entry  to  that  effect  to  be  made  within 
the  period  aforesaid,  by  the  county  auditor  in  the  record  of  the  commis- 
sioners. 

Sec.  4690.  [Auditor  to  transmit  papers  to  court.]  Within  ten 
days  after  the  filing  of  an  appeal  bond,  or  the  making  of  an  entry  for 
an  appeal,  as  aforesaid,  the  county  auditor  shall  transmit  to  the  probate 
court  the  original  papers  in  the  proceeding,  and  a  certified  transcript, 
from  the  record  of  the  commissioners,  of  all  proceedings  and  orders  had 
or  made  by  or  before  them  therein,  upon  the  receipt  of  which,  the  probate 
judge  shall  forthwith  docket  the  proceedings,  styling  the  petitioners 
plaintiffs,  and  the  appellants  defendants,  and  shall  set  a  day  for  the  hear- 
ing thereof,  which  shall. not  be  later  than  the  twentieth  day  after  such 
docketing  of  the  appeal. 

Sec.  4691.  [When  court  may  affirm  or  set  aside  proceedings.] 
If,  upon  the  hearing  of  the  matter,  it  appear  that  the  proceedings  previous 
to  the  appeal  were,  in  substance,  regular  and  legal,  and  if  no  exception  be 
taken  by  any  claimant  of  compensation  and  damages  to  the  assessment 
returned  to  and  approved  by  the  county  commissioners,  the  probate  court 
shall  affirm  the  orders  of  the  commissioners,  and  enter  a  judgment  against 
the  appellants  for  all  costs  created  by  the  appeal ;  but  if  the  previous 
proceedings  are  found  to  be  substantially  erroneous,  the  court  shall  set 
them  aside,  and  order  another  view  by  three  disinterested  freeholders  of 
the  county,  to  be  appointed  by  the  court,  who  shall  perform  the  same 
duties  that  are  required  by  chapter  Hvo,  of  viewers  appointed  bv  countv 
commissioners,  except  that  they  shall  make  their  return  to  the  probate 
court. 

Sec.  4692.  [The  order  to  viewers.]  The  order  to  the  viewers 
shall  specify  a  place  where,  and  a  day  upon  which,  or  within  two  days, 
Sunday  excepted,  thereafter,  they  shall  meet  to  commence  the  perform- 
ance of  their  duties,  and  shall  require  them  to  make  their  report  on  or 
before  a  day  therein  specified,  which  shall  not  be  later  than  the  twentieth 
day  after  the  entry  of  the  order  in  said  court ;  and  the  court  shall  also 
appoint  a  surveyor  to  attend  the  viewers  and  perform  the  duties  required 


LAW'S   RELATING   TO   AGRICULTURE.  183 

by  the  chapter  aforesaid  of  surveyors,  who  shall  have  power  to  take  to 
his  assistance  two  chainmen  and  a  marker,  all  of  whom  shall  be  disin- 
terested, and  he  shall  deliver  a  report  and  plat  of  his  survey  to  one  of 
the  viewers,  in  time  to  be  returned  with  their  report  and  it  shall  be  so 
returned. 

Sec.  4693.  [When  the  court  must  confirm  proceedings.]  If  the 
proceedings  and  report  of  viewers  and  surveyor,  or  of  the  reviewers 
hereinafter  mentioned,  be  substantially  legal,  and  also  substantially^ coin- 
cides with  the  order  of  the  commissioners  appealed  from,  the  court  shall 
confirm  such  proceedings  and  report,  and  shall  render  a  judgment  against, 
the  appellants  for  the  costs  created  by  the  appeal ;  or,  if  the  report  of  the 
viewers  be  favorable  to  the  petitioners,  but  materially  varies  from  the 
order  appealed  from,  the  court  shall  nevertheless  confirm  the  same,  if  it 
be  within  the  scope  of  the  petition,  and  substantially  legal ;  and  the  court 
may,  in  such  case,  require  all  the  costs  created  by  the  appeal  to  be  paid 
by  the  appellants,  or  by  the  petitioners,  or  a  portion  of  them  by  the  one 
party,  and  the  residue  by  the  other,  as  may  be  equitable,  and  shall  render 
a  judgment  accordingly. 

Sec.  4694.  [When  review  may  be  ordered.]  If  the  report  of  the 
viewers,  appointed  by  the  court  be  adverse  to  establishing,  altering,  vavat- 
ing,  or  changing  the  width  of  the  road,  the  court  shall,  upon  the  motion 
of  the  petitioners,  or  any  twelve  of  them,  but  not  otherwise,  order  a 
review  by  five  disinterested  freeholders  of  the  county,  to  be  appointed 
by  the  court,  to  whom  an  order  similar  to  that  hereinbefore  prescribed  in 
respect  to  viewers  shall  be  issued ;  and  such  reviewers  shall  examine  the 
proposed  new  road,  alteration,  or  change,  or  road  or  part  thereof  pro- 
posed to  be  vacated,  as  defined  or  referred  to  in  the  order  appealed  from. 
and  report  in  writing  to  the  court  their  opinions  for  or  against  the  same. 
with  their  reasons;  and  if  their  report  be  such  as  is  mentioned  in  the 
first  clause  of  the  preceding  section,  the  court  shall  proceed  as  directed 
in  said  clause,  but  if  it  be  adverse  to  such  new  road,  alteration,  change 
or  vacation,  no  further  proceedings  shall  be  had  in  the  premises,  except 
to  render  a  judgment  against  the  petitioners  for  all  costs  that  have  accrued 
from  the  commencement  of  the  proceedings  before  the  commissioners. 

Sec.  4695.    [When  other  viewers,  etc.,  may  be  appointed.]    When 

a  viewer,  reviewer,  or  surveyor,  appointed  by  the  court,  is  unable  or  fails 
to  attend  to  the  duty  required  of  him,  the  court  may  substitute  another  in 
his  stead. 

Sec  4696.  [Oath  of  viewers,  etc.]  Every  viewer,  reviewer,  sur- 
veyor, chainman  or  marker,  appointed  or  selected  under  the  provisions 
of  this  chapter,  shall,  before  entering  upon  his  duties,  take  an  oath  faith- 
fully and  impartially  to  discharge  the  duties  of  his  appointment,  which 
oath  may  be  administered  by  any  person  authorized  by  section  forty-si.v 
hundred  and  forty-eight  to  administer  an  oath,  or  by  any  other  competent 
authority. 

Sec  4697.  [Appeals  from  township  trustees.]  An  appeal  to  the 
probate  court  from  the  final  decision  of  the  trustees  of  the  township  or  any 
petition  or  report  for  or  against  the  establishment  of  a  road,  shall  be 
allowed,  and  the  court  may  order  another  view  of  the  road,  assessments 
of  damages,  or  make  any  other  order  which  may  be  just  and  reasonable 
in  the  case,  if  the  appellant  enter  into  bond  to  the  state,  for  the  use  of 
the  township,  in  the  sum  of  one  hundred  dollars,  with  sufficient  security.. 


184  LAWS  RELATING  TO  AGRICULTURE. 

to  the  acceptance  of  the  township  treasurer,  within  fifteen  days  from  the 
date  of  the  decision  of  the  trustees ;  conditioned,  in  case  the  appeal  be 
from  a  decision  in  favor  of  the  establishment  of  a  road,  for  the  payment 
of  all  costs  and  expenses  arising  from  such  appeal  if  the  road  be  estab- 
lished and  the  assessment  of  compensation  and  damages  be  not  increased 
by  the  proceedings  had  in  the  probate  court,  and  in  case  the  appeal  be 
from  a  decision  against  the  establishment  of  a  road,  such  bond  shall  be 
conditioned  for  the  payment  of  all  costs,  and  expenses  arising  from  such 
appeal,  if  the  road  be  not  established  by  the  proceedings  in  the  probate 
court;  and  the  appeal  shall  be  entered  with  the  probate  judge  within  six 
days  from  the  filing  of  the  bond  with  the  township  treasurer. 

Sec.  4698.  [Decision  of  court  certified  to  trustees.]  The  decis- 
ion obtained  in  the  probate  court  as  provided  in  the  foregoing  sections 
shall  be  certified  to  the  township  clerk,  who  shall  notify  the  trustees 
thereof;  whereupon  the  trustees  shall  dispose  of  the  case  agreeably  to 
the  order  of  the  probate  court,  and  the  probate  judge  shall  be  allowed 
to  tax  the  same  fees  which  are  by  law  allowed  for  similar  services  in 
other  cases. 

Sec.  4699.  [Appeals  by  claimant  of  damages.]  Every  claimant 
of  compensation  and  damages  on  account  of  the  establishment  or  altera- 
tion of  a  county  or  township  road,  or  alteration  of  a  state  road,  or  change 
in  width  of  a  county  road,  may  appeal  to  the  probate  court,  from  the 
final  decision  of  the  county  commissioners  or  township  trustees,  con- 
firming the  assessment  of  compensation  and  damages  made  by  *"he 
viewers  in  his  behalf,  or  the  refusal  of  the  viewers  to  award  damages 
to  him,  which  appeal  shall  be  perfected  and  docketed  in  the  mode  herein- 
before described  in  section  forty-six  hundred  and  ninety,  [except  that] 
the  appellant  shall  be  the  plaintiff,  and  the  obligors  in  the  bond  shall 
be  the  defendants ;  and  several  claimants  may  unite  in  a  joint  appeal, 
although  their  claims  may  be  distinct,  or  they  may  severally  appeal. 

Sec  4700.  [Proceedings  on  such  appeal.]  Upon  such  appeal, 
whether  joint  or  several,  the  probate  court  shall  confine  itself  to  the 
questions  of  compensation  and  damages  presented  by  it,  and  shall  forth- 
with, after  the  docketing  thereof,  cause  a  jury  of  twelve  men  to  be  se- 
lected and  returned  by  the  sheriff  and  clerk  of  the  county,  as  provided 
by  law,  and,  after  receiving  the  names  of  such  jurors,  issue  a  venire 
commanding  them  to  appear  in  court,  on  a  day  and  hour  named  in  the 
venire,  which  shall  not  be  later  than  the  twentieth  day  from  its  date, 
to  serve  as  jurors  upon  the  trial  of.  such  claims. 

Sec  4701.  [Notice  to  appellants  and  obligors.]  The  court 
shall  also  issue  a  summons  or  notice  to  all  the  appellants,  whether  joint 
or  several,  and  to  the  obligors  aforesaid,  to  attend  at  the  same  time  and 
place,  which  summons  or  notice  shall  be  served  by  delivering  to  each 
person  named  therein  a  copy  thereof,  or  by  leaving  such  copy  at  his 
usual  place  of  abode ;  and  if  any  of  the  parties  are  non-residents  of  the 
county,  but  have  an  agent  or  attorney  therein,  service  on  such  agent 
or  attorney,  in  manner  aforesaid,  shall  be  sufficient,  or  a  summons  or 
notice  may  be  sent  to  another  county  for  service  upon  anv  partv  resid- 
ing or  being  therein;  if  an  appellant  "is  a  non-resident  when  he  perfects 
his  appeal  he  shall  leave  with  the  probate  judge  the  name  of  an  agent 
or  attorney  in  the  county,  upon  whom  servicemay  be  made,  and  if  he 
fail  to  do  so,  no  service  upon  him  shall  be  necessarv ;  and  service  upon 
a  guardian  shall  be  sufficient  service  upon  his  ward." 


LAWS   RELATING   TO   AGRICULTURE.  185 

Sec.  4702.  [Challenges,  talesmen,  and  oath  of  jurors.]  If  any 
of  the  jurors  fail  to  attend,  or  for  good  cause  be  excused  from  serving, 
or  be  set  aside  on  account  of  a  challenge,  the  panel  shall  be  filled  with 
talesman  [talesmen]  as  in  other  cases ;  each  party  shall  be  entitled  to 
two  peremptory  challenges,  and  may  make  any  number  of  challenges 
for  cause ;  and  in  respect  to  challenges,  the  appellants  whose  claims  are 
•on  trial  shall  be  considered  as  one  party,  and  the  obligors  as  the  other ; 
the  jury  shall  be  sworn  in  all  the  causes,  whether  the  appeals  are  joint 
•or  several,  at  the  same  time,  unless  for  good  cause  shown  The~  court 
•otherwise  direct ;  and  the  oath  of  the  jury  shall  conform,  as  nearly  as 
may  be,  to  the  oath  prescribed  for  the  jury  in  proceedings  by  corpora- 
tions to  appropriate  property. 

Sec.  4703.  [Conduct  of  the  trial.]  On  motion  of  either  party, 
or  of  any  one  of  the  appellants,  the  jury  shall,  under  the  care  of  an  officer 
of  the  court,  and  with  such  person  or  persons  as  the  court  may  appoint 
to  show  them  the  premises,  and  before  any  testimony  shall  be  given, 
except  the  plat  and  field  notes  of  the  road  and  the  title  papers  of  the 
claimants,  if  produced,  which  they  shall  take  with  them,  proceed  to  ex- 
amine the  road  as  established  or  ordered,  and  the  property  of  the  several 
claimants  taken  therefor,  or  alleged  to  be  injured  thereby,  and  after 
making  such  examination,  shall  return  to  the  probate  court,  at  the  time 
the  court  shall  have  appointed ;  whereupon,  or  upon  the  jury  being 
sworn,  if  no  view  is  moved  for,  the  trial  of  the  claims,  in  the  order  the 
court  shall  direct,  or  any  number  or  all  of  them  at  the  same  time,  if 
the  parties  so  agree,  shall  be  proceeded  with  in  the  same  manner  as  in 
other  jury  trials  in  the  court;  but  any  claimant  may  elect  to  have  his 
claim  tried  separately ;  and  the  jury  shall  render  a  separate  verdict  upon 
each  claim,  which  shall  be  entered  upon  the  record  of  the  court,  and  a 
new  trial  shall  not  be  granted  except  for  misconduct  of  the  jury,  nor 
shall  an  appeal,  except  by  petition-  in  error,  as  hereinafter  provided, 
be  taken  to  any  other  court. 

Sec.  4704.  [Trial  by  jury  after  assessment  in  court.]  When  an 
assessment  for  compensation  and  damages  has  been  made,  or  refused, 
by  viewers  of  a  county  or  township  road,  or  alteration  of  a  state,  county, 
or  township  road,  or  change  of  width  of  a  county  road,  appointed  by 
the  probate  court,  any  claimant  may,  before  the  confirmation  of  the 
report  of  the  viewers,  file  exceptions  to  their  decision  upon  his  claim 
whether  it  was  rejected  altogether,  or  compensation  and  damages 
awarded  to  him  ;  whereupon  such  proceedings  shall  be  had  for  a  trial 
by  jury,  of  his  claim,  and  of  any  others  thus  prosecuted,  as  are  provided 
in  the  preceding  section ;  and  the  provisions  of  said  section  shall,  in  all 
respects,  apply  to  the  same. 

Sec.  4705.  [When  claimant  to  pay  costs.]  If  by  the  final  decis- 
ion in  the  probate  court,  any  claimant  of  compensation  and  damages  do 
not  obtain  a  greater  sum  than  was  awarded  to  him  by  the  order  of  the 
commissioners  or  township  trustees  from  which  he  appealed,  he  shall 
pay  all  costs  created  by  his  appeal,  so  far  as  the  court  can  ascertain  the 
same,  and  judgment  shall  be  rendered  against  him  for  the  same ;  and 
in  cases  not  hereinbefore  specially  provided  for  the  court  shall  give  such 
judgment  in  respect  to  costs  as  may  be  equitable, 

[County  paying  costs  for  defendant.]  And  the  county  commis- 
sioners may,  in  their  discretion,  pay  out  of  the  county  treasury  any  part 
or  all  of  any  costs  that  may  be  adjudged  against  defendants  if  in  their 
opinion  the  public  utility  and  the  justice  of  the  case  justifies  it. 


186  LAWS    RELATING   TO   AGRICULTURE. 

Sec.  4706.  [Judgments  therefor  to  be  in  favor  of  state.]  AIL 
such  judgments  shall  be  rendered  in  favor  of  the  state,  and  may  be 
enforced  by  execution  issued  by  the  probate  court,  of  its  own  motion,  or 
at  the  instance  of  any  person  entitled  to  any  part  thereof,  and  the  money, 
when  collected,  shall  be  paid  to  the  persons  respectively  entitled  thereto. 

Sec.  4707.  [Court  to  make  complete  record.]  The  probate 
judge  shall  make  a  record  of  all  proceedings  had  in  the  probate  court 
under  the  provisions  of  this  chapter,  including  the  reports  and  plats 
of  viewers,  reviewers,  and  surveyors,  and  forthwith,  after  the  termina- 
tion of  the  proceedings  upon  an  appeal,  transmit  to  the  county  auditor. 
if  the  appeal  was  from  the  county  commissioners,  or  to  the  township- 
clerk,  if  it  was  from  township  trustees,  all  original  papers  received  from 
him,  and  also  a  transcript,  from  the  record  aforesaid,  of  the  proceedings 
upon  such  appeal. 

Sec.  4708.  [When  auditor  to  make  record,  and  its  effect.]  If 
it  appear  by  the  transcript  so  transmitted  to  the  county  auditor  that  the 
court  has  approved  the  establishment,  alteration,  vacation,  or  change 
of  a  road,  and  that  the  compensation  and  damages,  if  assessed  in  or 
under  the  orders  of  the  court,  do  not,  in  the  aggregate,  exceed  the  amount 
assessed,  approved,  and  ordered  to  be  paid  out  of  the  county  treasury 
before  the  appeal,  the  auditor  shall  forthwith  record,  in  the  proper  book, 
the  final  decision  of  the  court  in  the  premises,  with  all  reports,  plats, 
field  notes,  or  other  matters  appearing  in  the  transcript  necessary  to 
a  right  understanding  of  the  same,  and  note  in  said  book  the  date  of 
such  recording ;  and  thenceforth  the  road  shall  be  established,  vacated, 
altered,  or  changed,  as  the  case  may  be,  and  he  shall  issue  the  necessary 
orders  for  the  payment  of  the  compensation  and  damages. 

Sec.  4709.  [When  commissioners  may  pay  damages.]  But  if 
the  damages  so  assessed  exceed,  in  the  aggregate,  the  amount  ordered 
to  be  paid  out  of  the  county  treasury,  the  auditor  shall  lay  the  papers  and 
transcript  before  the  county  commissioners,  at  their  next  session,  who 
may  thereupon  establish  such  road,  alteration,  or  change,  and  order  the 
compensation  and  damages  to  be  paid  out  of  the  county  treasury,  or 
refuse  to  establish  the  same  unless  the  compensation  and  damages,  or 
such  portion  thereof  as  they  shall  require,  be  paid,  within  such  time  as 
they  may  designate,  by  the  petitioners. 

Sec.  4710.  [When  auditor  shall  issue  order,  and  its  effect.]  If 
the  appeal  from  the  county  commissioners  was  under  section  forty-six 
hundred  and  ninety-nine,  and  the  compensation  and  damages  assessed 
in  that  court  in  favor  of  all  the  appellants  do  not,  together  with  the  com- 
pensation and  damages  awarded  to  claimants  who  did  not  appeal,  ex- 
ceed the  amount  which  the  commissioners  had,  before  the  appeal,  or- 
dered to  be  paid  out  of  the  county  treasury,  the  auditor  shall  issue  the 
necessary  orders  for  the  payment  of  all  said  compensation  and  damages. 
and  the  road,  or  alteration,  shall  be  considered  as  established  from  "the 
date  of  the  final  order  in  the  probate  court. 

Sec.  471 1.  [Proceedings  of  commissioners  on  transcript.]  But 
if  the  assessments  in  the  probate  court,  with  the  compensation  and  dam- 
ages awarded  to  claimants  not  appealing,  exceed  the  amount  so  ordered 
to  be  paid  out  of  the  county  treasury  by  the  commissioners,  the  auditor 
shall  lay  the  papers  and  transcripts  received  from  the  probate  judge  be- 
fore the  commissioners,  at  their  next  session,  and  they  shall  act  upoij 


LAWS   RELATING   TO   AGRICULTURE. 


187 


the  same  as  in  the  case  mentioned  in  section  forty-seven  hundred  and 
nine,  but  the  commissioners,  if  in  tiieir  opinion  a  part  onlv  of  a  road  will 
be  of  public  utility,  may  record  and  establish  such  useful  part,  and  reject 
the  residue,  if  such  division  can  be  made  without  affecting  the  rights 
of  anv  person  entitled  to  compensation  and  damages. 

Sec.  4712.  [Proceedings  of  trustees  on  transcript.]  The  town- 
ship clerk,  upon  receiving  a  transcript  from  the  probate  judge,  as  afore- 
said, shall  lay  it  before  the  township  trustees,  who  shall  make  an  oTder 
in  conformity  with  the  decision  of  the  probate  court. 

Sec.  4713.  [Decison  of  court  reviewable  on  error.]  The  final 
decision  of  the  probate  court,  made  under  the  provisions  of  this  chapter,, 
may  be  reviewed,  upon  a  petition  in  error,  by  the  court  of  common  pleas 
of  the  proper  county,  but  shall  not  be  reversed  for  any  defect  in  form 
if  found  to  be  substantially  correct ;  and  upon  a  reversal,  a  court  "oi 
common  pleas  may  award  a  writ  of  procedendo,  when  deemed  necessary. 

Sec.  4714.  [Fees  of  officers  and  others.]  For  their  services  re- 
quired by  this  chapter,  the  officers  herein  mentioned  or  referred  to  shall 
be  entitled  to  the  same  fees  as  they  are  entitled  to  by  law  for  like  services 
in  other  cases;  and  the  person  or  persons  appointed  to  show  premises  to 
a  jury  shall  receive  such  compensation,  to  be  taxed  in  the  cost  bill,  as 
the  court  shall  direct. 


SUPERVISORS  AND  ROAD  WORK. 

Sec.  4715.  [Duties  and  powers  of  supervisors.]  Every  super- 
visor shall  open  or  cause  to  be  opened,  and  also  keep  in  repair,  all  public 
roads  and  highways  which  are  laid  out  and  established  in  his  road  dis- 
trict, and  remove,  or  cause  to  be  removed,  all  encroachments,  by  fences  or 
otherwise,  and  all  obstructions  that  may  from  time  to  time  be  found 
thereon ;  and  supervisors  may  enter  upon  any  uncultivated  or  improved 
lands,  unincumbered  by  crops,  near  to  or  adjoining  such  roads,  cut  or 
carry  away  timber,  except  trees  or  groves  or  improved  lands  planted  or 
left  for  ornament  or  shade,  and  may  dig,  or  cause  to  be  dug  and  carried 
away,  any  gravel,  sand  or  stone  which  may  be  necessary  to  make,  im- 
prove or  repair  any  such  road,  and  that  the  owner  of  such  property  so 
taken  by  the  supervisor  be  paid  a  reasonable  compensation  therefor,  to 
be  assessed  by  the  trustees,  and  said  claimant,  for  his  damages,  may  have 
an  appeal,  as  hereinbefore  provided  for  in  section  forty-six  hundred  and 
ninety-nine,  and  the  amount  found  due  shall  be  paid  as  provided  in  sec- 
tion four  thousand  seven  hundred  and  forty-five. 

Ditches  and  watercourses  on  highways  into  which  underground  drains  empty 
shall  be  kept  open  and  deep  enough  by  supervisor.  §  (4510-16). 

Sec.  4715a.  [Unlawful  making  of  open  ditches  along  highways ;, 
penalty.]  It  shall  be  unlawful  for  any  supervisor  to  excavate  or  make 
any  open  ditch  on  and  along  a  public  highway  in  front  of  any  dwelling- 
house  or  yard  surrounding  the  same,  or  entrance  thereto,  or  in  front  of 
the  entrance  or  approach  to  any  barn  on  that  side  of  the  road  on  which 
the  said  buildings  are  situate,  unless  he  forthwith  puts  in  a  sufficient 
under-drain  and  fills  up  the  excavation  to  the  original  level,  except  when 
authorized  to  make  such  open  ditch  at  such  points,  by  the  owner  of  such 
buildings  or  trustees  of  the  township.  And  any  road  supervisor  violating 
this  section  shall  forfeit  and  pay  to  the  owner  of  any  such  buildings 


188 


LAWS   RELATING   TO   AGRICULTURE. 


twenty-five  dollars,  to  be  recovered  in  a  civil  action  before  any  justice  of 
the  peace. 

Sec.  4716.  [Further  powers  of  supervisors.]  A  supervisor  may 
also  enter  upon  any  lands  adjoining  or  lying  near  the  road,  and  make 
such  drains  or  ditches  through  the  same  as  he  may  deem  necessary  for  the 
benefit  of  the  road,  but  shall  do  as  little  injury  to  such  lands,  and  the 
improvement  and  timber  thereon,  as  the  nature  of  the  case  and  the 
public  good  will  permit ;  the  drains  and  ditches  so  made  shall  be  con- 
ducted to  the  nearest  water-course,  and  shall  be  kept  open  by  the  super- 
visor ;  and  they  shall  not  be  obstructed  by  the  owner  or  occupier  of  the 
lands,  or  any  other  person  having  the  same  in  charge,  under  the  penalty 
of  forfeiting  a  sum  not  exceeding  ten  dollars  for  each  offense,  which 
shall  be  collected  by  the  supervisor,  and  paid  by  him  to  the  township 
treasurer,  and  applied  to  the  road  fund  of  the  township. 

(4716-1)  Sec.  1.  [Road  taxes  in  Highland  county ;  how  may  be 
worked  out.]  In  every  county  in  the  state  of  Ohio,  having  a  popula- 
tion of  thirty  thousand  two  hundred  and  eighty-one  (30,281)  at  the 
last  federal  census,  or  any  succeeding  census,  all  taxes  collected  for  the 
repair  of  all  free  turnpike  roads,  and  all  county  roads  in  said  counties,  and 
expended  on  said  roads  under  the  supervisor  or  any  other  authorized 
agent,  it  is  hereby  made  the  duty  of  such  supervisor  or  agent,  to  notify  all 
the  tax-payers  living  in  any  road  district  in  any  of  the  foregoing  specified 
counties  whose  road  tax  shall  exceed  two  dollars  in  any  one  year,  of  the 
time  and  place  of  making  said  road  improvements,  and  said  tax-payers 
shall  have  the  right  to  work  out  so  much  of  their  several  amounts  of  road 
taxes  as  may  be  expended  on  said  roads,  under  the  direction  of  said  super- 
visor or  agent,  at  such  time  and  place  as  he  may  specify. 

(4716-2)  Sec.  2.  [Penalty  for  noncompliance  with  provisions 
of  this  act.]  Any  supervisor  or  agent  neglecting  or  refusing  to  notify 
any  of  the  taxpayers  specified  in  section  one  [§(4716 — 1)]  of  this  act, 
shall  be  liable  for  the  amount  of  said  taxes  to  be  collected  by  the  town- 
ship trustees,  or  county  commissioners,  in  an  action  of  debt  from  the 
supervisor  or  agent  or  their  securities  on  their  official  bond,  for  the 
benefit  of  any  such  road  as  the  original  tax  was  levied. 

For  "Labor  on  Highways,"  etc.     See  §   (2664 — 4)   et  seq. 

Sec.  4729.  [Road-beds  to  be  leveled  off.]  Every  supervisor 
shall 'cause  to  be  graded  and  leveled  off,  the  earth  and  gravel  that  may 
be  scraped,  shoveled,  or  hauled  into  any  public  road  under  his  direction 
or  charge,  at  the  time  that  such  work  is  performed ;  and  for  any  neglect 
or  refusal  on  the  part  of  such  supervisor  to  cause  such  leveling  or  grading 
in  a  reasonable  degree,  he  shall  forfeit  not  less  than  one  dollar  nor  more 
than  five  dollars,  to  be  paid  into  the  township  road  fund,  to  be  recovered 
by  an  action  in  the  name  of  the  township,  before  a  justice  of  the  peace 
within  the  township  where  such  supervisor  resides  ;  and  the  trustees  of 
the  township,  after  having  been  notified  by  any  resident  freeholder  of  the 
township  of  such  neglect  or  refusal,  shall,  by  one  of  their  number, 
examine  the  work,  and  if  he  find  that  it  has  not  been  performed  in  a  rea- 
sonable degree  according  to  the  provisions  of  this  section,  he  shall  pros- 
ecute such  supervisor  as  provided  herein. 

Sec.  4730.  [Destruction  of  brush,  briers,  weeds,  etc.,  on  high- 
ways.] The  superintendent  of  any  improved  or  macadamized  road, 
.supervisor  of  county  and  township  roads,  or  street  commissioner  of  any 


LAWS    RELATING   TO   AGRICULTURE.  189 

city  or  village,  shall,  between  the  1st  and  20th  clays  of  June,  and  between 
the  1st  and  20th  days  of  August,  and  if  necessary,  between  the  1st  and 
20th  days  of  September  of  each  year,  cut  and  burn  or  destroy,  or  cause 
the  same  to  be  done,  all  brush,  briers,  burrs,  Russian  and  Canada  or 
common  thistle,  or  other  noxious  weeds  growing  or  being  within  the 
limits  of  any  county  or  township  road,  improved  or  macadamized  road, 
street  or  alley  within  his  jurisdiction. 

[Compensation.]  Such  supervisor  or  superintendent  shall  be 
allowed  not  to  exceed  $1.50  per  day,  for  all  necessary  labor  done  in  the 
performance  of  said  work,  to  be  allowed  by  the  trustees  and  paid  by  the 
treasurer  of  the  township  out  of  the  road  fund,  or  general  fund,  but  a 
street  commissioner  shall  be  allowed  and  paid,  for  any  such  services 
performed  by  him,  by  the  proper  municipal  authorities. 

[Owner  or  tenant  may  perform  labor ;  compensation.]  The  super- 
visor or  superintendent  of  any  such  roads  shall  allow  any  land  owner 
or  tenant  to  cut  and  destroy  any  such  brush,  briers,  burrs,  thistles  or 
other  noxious  weeds,  growing  or  being  on  such  roads  along  the  lands 
abutting  on  such  roads  owned  or  occupied  by  such  land  owner  or  tenant, 
but  before  the  said  work  is  performed  shall  fix  a  reasonable  compensa- 
tion therefor,  which  shall  be  credited  on  the  road  tax  of  that  year  assessed 
against  said  premises ;  provided,  however,  that  such  land  owner  or  tenant 
shall  do  said  work  or  cause  the  same  to  be  done  before  the  1st  day  of  the 
month  in  which  such  work  is  required  to  be  done  as  specified  in  this 
section. 

[Destruction  of  briers,  brush,  etc.,  on  toll  roads;  penalty.]  The 
superintendent,  or  manager  of  any  toll,  steam  or  electric  road  shall  cut,, 
burn  or  destroy,  or  cause  the  same  to  be  done,  all  brush,  briers,  burrs, 
Russian,  Canada  or  common  thistle,  or  other  noxious  weeds  growing 
or  being  within  the  limits  of  any  such  road  between  the  days  of  each 
month  as  above  specified  in  this  section,  and  in  default  thereof,  and  for 
five  days  thereafter,  the  trustees  of  any  township  through  which  any  such 
road  passes,  shall  cause  the  same  to  be  done,  and  shall  have  the  right  of 
action  against  any  such  toll,  steam  or  electric  road  company  for  the 
amount  of  such  work,  together  with  one  hundred  per  cent,  penalty,  and 
costs  of  action  to  be  recovered  before  any  justice  of  the  peace  of  such 
county. 

Sec.  4731.  [Drift  against  bridges,  ditches,  or  culverts  to  be  re- 
moved.] The  supervisor  of  each  road  district,  or  the  superintendent 
of  any  free  turnpike  or  improved  road,  shall  remove  or  cause  to  be 
removed  all  timber  or  drift  lodged  against  bridges,  except  toll  bridges, 
or  bridges  upon  toll  roads,  and  all  timber,  drift  and  sediment  lodged  in 
and  obstructing  the  free  passage  of  water  in  ditches  constructed  for  the 
draining  and  protection  of  such  roads,  or  under  or  against  any  culvert 
over  the  same,  or  over  any  natural  water-course  adjoining  and  upon  the 
line  of  free  turnpikes,  and  all  other  public  roads  in  his  district ;  and  he  • 
shall  receive  the  same  compensation  for  such  work  or  duties  performed 
as  is  prescribed  by  law  for  other  road  work.  And  in  case  any  supervisor 
or  superintendent  fails  or  neglects  to  comply  with  the  provisions  of  this 
act,  he  shall  be  held  liable  to  a  fine  of  not  less  than  five  and  not  more 
than  twenty-five  dollars.  And  any  adjoining  landowner  affected  thereby 
may,  at  the  expiration  of  ten  days,  after  serving  a  written  notice  on 
such  supervisor  or  superintendent  to  remove  any  drift  or  sediment,  as 
herein  mentioned,  of  his  own  motion,  remove  or  cause  the  same  to  be- 


190  LAWS    RELATING    TO    AGRICULTURE. 

removed,  for  which  he  shall  receive  the  same  compensation  and  from  the 
same  source  as  such  supervisor  or  superintendent  would  have  been 
entitled  to  in  the  performance  of  his  duty. 

Sec.  4732.  [Destruction  of  Canada  or  Russian  thistles,  wild  let- 
tuce or  wild  mustard  growing  on  lands  in  townships.]  The  trustees 
of  any  township  in  this  state  upon  information  in  writing,  that  Canada 
or  Russian  thistles,  wild  lettuce  or  wild  mustard  are  growing  on  any 
lands  in  their  township,  and  are  about  to  spread  or  mature  seed  between 
the  first  day  of  June  and  the  fifteenth  day  of  October  of  each  year,  said 
trustees  shall  cause  notice  in  writing  to  be  served  upon  the  owners,  lessee, 
agent  or  tenant  having  charge  of  any  such  lands  notifying  such  owner, 
lessee,  agent,  or  tenant  that  Canada  or  Russian  thistles,  or  other  noxious 
weeds  mentioned  in  this  section,  are  growing  on  such  lands,  and  that 
such  Canada  thistles,  or  other  noxious  weeds,  shall  be  cut  and  destroyed 
within  five  days  after  the  service  of  such  notice;  and  in  default  thereof, 
the  said  township  trustees  shall  enter  upon  such  lands  and  cut  and  destroy 
such  thistles,  or  other  noxious  weeds ;  and  that  the  cost  of  cutting  the 
same  with  the  cost  of  such  notice,  will  become  a  lien  against  said  lands. 
Any  constable  or  deputy,  marshal  of  any  city  or  village,  or  deputy,  is 
hereby  authorized  to  make  service  and  return  of  any  such  notice,  and  the 
fees  of  such  service  and  return  shall  be  the  same  as  are  allowed  for  service 
and  return  of  summons  in  civil  cases  before  magistrates.  If  any  owner, 
lessee,  agent  or  tenant  having  charge  of  any  such  lands  shall  fail  to 
comply  with  such  notice,  the  township  trustees  shall  cause  said  thistle 
or  other,  noxious  weeds  aforesaid  to  be  cut  and  destroyed,  and  may 
employ  any  person  to  perform  such  labor,  and  allow  such  person  fifteen 
cents  per  hour  for  the  time  occupied  in  performing  such  labor,  and  pay 
the  sum  for  such  labor  out  of  any  money  in  the  treasury  of  said  township 
not  otherwise  appropriated,  and  take  receipt  for  the  same.  Said  township 
trustees  shall  make  return  in  writing  to  the  board  of  commissioners  of 
their  county,  with  a  statement  of  the  charges  for  their  services,  the 
amount  paid  to  the  person  for  performing  such  labor,  together  with  the 
fees  of  the  officers  who  made  the  service  of  notice  and  return  with  a 
proper  description  of  the  premises ;  and  the  same  having  been  allowed, 
shall  be  entered  upon  the  tax  duplicate,  and  shall  be  a  lien  against  said 
lands,  from  and  after  the  date  of  such  entry  on  the  duplicate,  and  shall  be 
collected  as  other  taxes,  and  returned  to  the  township  with  the  general 
fund. 

Sec.  4732(7.  [Destruction  of  Canada  and  common  thistles  and 
other  noxious  weeds  within  cities  and  villages  other  than  Cincinnati, 
Cleveland,  Columbus  and  Dayton.]  That  in  all  cities  and  incorpor- 
ated villages,  except  cities  of  the  first  and  second  grade  of  the  first  class 
and  first  and  second  grade  of  the  second  class,  the  mayor  shall,  during 
the  month  of  May  of  each  year,  cause  notice  to  be  published  for  two 
consecutive  weeks  in  one  or  more  newspapers  published  in  the  cor- 
poration, or  by  posting  up  written  or  printed  notices  in  said  city  or  village 
at  three  public  places  for  ten  days  next  previous  to  the  first  day  of  June 
of  each  year,  warning  the  owners,  lessees  or  agents  of  lots  and  lands 
within  such  city  or  village  to  cause  all  Canada  or  common  thistles,  or 
other  noxious  weeds  mentioned  in  section  forty-seven  hundred  and  thirty- 
two,  growing  on  any  such  lots  or  lands  within  said  corporation,  to  be 
cut  and  destroyed  so  that  they  do  not  mature  seed  or  spread  to  adjoin- 
ing lands.  Trie  common  council  of  such  city  or  village  shall  upon  in- 
formation in  writing  that  Canada  or  common  thistles  or  other  noxious 


LAWS   RELATING   TO   AGRICULTURE.  191 

weeds  mentioned  in  section  forty-seven  hundred  and  thirty-two  are  grow- 
ing on  any  such  lands  within  their  corporation  between  the  tenth  day  of 
June  and  the  fifteenth  day  of  October  of  each  year,  [shall]  cause  such 
Canada  or  common  thistles  or  other  noxious  weeds  to  be  cut  and  destroyed 
so  that  they  do  not  mature  seed  or  spread  to  other  lands,  and  said  council 
may  employ  any  person  to  cut  and  destroy  said  noxious  weeds  and  allow 
such  person  so  employed  fifteen  cents  per  hour  for  the  time  employed  in 
such  labor.  And  said  council  shall  pay  said  amount  out  of  any  money 
of  the  general  fund  in  the  treasury  of  said  city  or  village  not  otherwise 
appropriated,  and  take  a  receipt  therefor.  And  said  council  shall  make 
return  in  writing  to  the  board  of  commissioners  of  their  county,  with  a 
statement  of  the  amount  paid  for  such  labor,  and  one  dollar  additional, 
as  a  penalty  on  each  lot  or  parcel  of  land  containing  less  than  one  acre, 
and  with  two  dollars  on  each  lot  or  parcel  containing  more  than  one 
acre.  The  same  having  been  allowed,  the  auditor  shall  enter  the  amount 
so  certified  to  him  on  the  tax  duplicate  of  the  comity  against  the  lots 
or  lands  on  which  said  Canada  or  common  thistles  or  other  noxious  weeds 
were  cut  and  destroyed,  and  the  amounts  shall  be  a  lien  against  said  lots 
or  lands  from  and  after  such  entry,  and  shall  be  collected  as  other  taxes 
are  collected,  and  returned  to  such  city  or  village  with  the  general  fund; 

[Release  of  land  on  payment  of  costs  of  such  destruction  and 

penalty.]  Provided,  that  [if]  any  such  owner  of  such  lots  or  lands 
shall  tender  to  the  treasurer  of  such  township  in  cases  of  townships,  or 
to  the  treasurer  of  such  city  or  village  in  the  case  of  city  or  village,  the 
amounts  so  chargeable  against  such  lots  or  lands  for  such  labor,  together 
with  the  penalty  as  certified  to  by  the  clerk  of  said  township,  city  or 
village  showing  the  amount  of  such  charges  and  penalty,  the  treasurer 
shall  receive  the  amount  so  tendered,  upon  which  said  lots  and  lands 
shall  be  discharged  from  further  liability. 

Sec.  4732b.  [Compensation  of  township  trustees;  penalty  for 
not  performing  duties;  disposition  of  fines.]  Township  trustees  shall 
be  entitled  to  $1.50  per  day  for  their  services  under  this  act;  the  mayor 
of  any  city  or  village,  or  trustees  of  any  township,  or  superintendent  or 
other  officer  of  any  toll  road,  or  superintendent  of  any  improved  or 
macadamized  road,  or  supervisor  of  any  county  or  township  road,  or 
street  commissioner  oi  any  city  or  village,  who  neglects  or  refuses  to 
perform  their  duties  as  mentioned  in  sections  4730,  4732  and  4732a, 
shall  be  fined  'in  the  sum  of  fifty  dollars  in  any  court  having  competent 
ivirisdietion  of  such  cases:  such  fines  shall  go  into  the  road  fund  of  the 
township  in  cases  against  township  or  toll  road  officers;  and  into  the 
street  fund  in  cases  against  mayors  or  other  municipal  officers. 

Sec.  4732r.  [Destruction  of  Russian  thistles  on  lands  in  town- 
ships; penalty  for  default;  final  jurisdiction.]  The  trustees,  consta- 
bles, or  road  supervisors  of  any  township  in  this  state,  upon  information 
in  writing  that  Russian  thistles  are  growing  oh  any  lands  in  their  town- 
ship, between  the  first  day  of  June  and  the  fifteenth  day  of  October  of 
each  year,  shall  forthwith  cause  notice  in  writing  to  be  served  upon  the 
owner,  lessee,  agent,  or  tenant,  that  such  Russian  thistles  shall  be  cut  and 
destroyed  within  five  days  after  the  service  of  such  notice;  and  in 
default  thereof,  such  officer  shall  forthwith  make  complaint  before  any 
justice  of  the  peace  within  the  township,  and  any  owner,  lessee,  agent  or 
tenant,  who  shall  be  convicted  of  such  default,  shall  be  fined  in  a  sum 
not  less  than  five  nor  more  than  twenty  dollars,  and  pay  the  cost  of 


192       '  LAWS   RELATING   TO   AGRICULTURE. 

prosecution,   and  in  such  cases  justices  of  the  peace  shall  have  final: 
jurisdiction. 

Sec.  4732 d.  [Destruction  of  Russian  thistles  growing  on  public 
highway  or  right  of  way  of  railroad  company;  penalty  for  default; 
final  jurisdiction.]  Any  person  who  has  personal  knowledge  that  any 
Russian  thistles  are  growing  on  any  public  highway  or  right  of  way  of 
any  steam  or  electric  railroad  company  in  any  township  of  this  state 
may  notify  in  writing  any  trustee  or  road  supervisor  within  the  town- 
ship such  portion  of  said  public  highway  or  right  of  way  of  any  steam 
or  electric  railroad  company  is  situated  and  in  case  Russian  thistles 
are  found  growing  on  the  right  of  way  of  any  steam  or  electric  railroad 
company  may  notify  the  nearest  agent  or  section  foreman  who  has 
charge  of  such  portion  of  such  railroad,  and  such  trustee,  supervisors, 
agent  or  section  foreman  shall  within  five  days  after  service  of  such 
notice  cut  and  destroy  such  Russian  thistle,  or  cause  the  same  to  be  done ; 
and  in  default  thereof,  such  officer  shall  upon  conviction  before  any  jus- 
tice of  the  peace  of  such  township,  be  fined  not  more  than  twenty-five 
dollars,  nor  less  than  five  dollars,  and  pay  the  costs  of  prosecution,  and 
in  such  cases  justices  of  the  peace  have  final  jurisdiction. 

Sec.  4733.  [Trustees  or  road  supervisor  may  construct  foot- 
walk,  foot-bridge,  etc.,  upon  petition.]  That  the  trustees  may  and  are 
hereby  authorized  to  construct  on  either  side  of  any  public  road  in  the 
township  a  public  foot  walk  or  sidewalk,  and  also  public  foot-bridges 
over  streams  of  water  crossing  any  such  road,  whenever  it  is  made  to 
appear  by  petition  of  twelve  freeholders  of  the  township,  presented  to 
the  trustees,  that  such  footwalk,  sidewalk  or  foot-bridge  is  necessary; 
and  the  trustees  may,  if  the  request  is  deemed  reasonable,  order  the  super- 
visor of  the  district  in  which  said  improvement  is  desired  to  construct 
the  same  of  such  material  and  at  such  expense  as  the  trustees  shall 
prescribe,  which  shall  not  in  any  manner  obstruct  the  public  highway 
or  any  private  entrance;  or  the  trustees  may  construct  by  contract  with 
the  lowest  responsible  bidder;  all  such  improvements  to  be  paid  for  out 
of  the  township  road  fund.        \ 

Sec.  4734.  [Guide-boards  to  be  erected.]  The  township  trus- 
tees shall  cause  to  be  erected  and  kept  in  repair,  at  the  expense  of  the 
township,  at  all  intersections  of  the  public  ways  of  the  township  which, 
lead  to  any  city,  town,  village,  depot  or  other  important  place  or  road, 
a  post  and  guide-boards,  displaying  in  legible  letters,  the  name  and  indi- 
cating the  direction  and  distance  to  all  such  places  to  which  each  of" 
said  roads  leads.  Upon  the  presentation  to  one  of  the  trustees,  of  a 
petition,  signed  by  ten  freeholders,  electors  of  the  township,  asking  for 
the  erection  of  a  post  and  guide-boards  at  any  designated  intersection  of 
the  public  ways  of  such  township,  and  naming  the  inscription  desired 
thereon,  the  trustees  shall  forthwith  cause  the  same  to  be  erected ;  and 
failing  or  neglecting  to  do  so  for  the  period  of  sixty  days,  the  petitioners 
may  cause  the  same  to  be  erected  and  colllect  the  cost  thereof,  not  ex- 
ceeding five  dollars  for  each  post  so  erected,  from  the  township  trustees. 

Sec.  4735.  [Trustees  to  furnish  tools,  machinery  and  imple- 
ments.] The  township  trustees  are  authorized  to  furnish  such  tools,, 
implements  and  machinery  as  they  may  deem  necessary  for  the  construc- 
tion, repair  and  maintenance  of  the  roads  in  the  several  road  districts 
within  their  township,  to  be  paid  for  out  of  any  money  in  the  township, 
treasury  not  otherwise  appropriated,  and  shall  take  a  receipt  from  eacht 


laws  relating  to  agriculture.  193 

supervisor  for  such  implements  as  may  be  delivered  to  him,  showing 
the  number,  kind  and  condition  thereof;  and  such  supervisor  shall  be 
liable  for  any  injury  or  damage  that  may  result  to  such  implements,  or 
any  of  them,  from  the  improper  use  thereof  or  by  unnecessary  exposure 
to  the  weather  during  the  time  the  same  may  be  in  his  possession,  to  be 
recovered  in  an  action  in  the  name  of  the  trustees,  and  he  shall,  on  the 
first  Monday  in  March,  annually,  return  the  same  to  the  trustees. 

Sec.  4736.  [Watering  places  may  be  provided.]  The  township 
trustees  are  authorized  to  provide  and  maintain  suitable  watering  places 
for  procuring  water  for  persons  and  animals  on  the  public  highways  in 
their  township,  and  the  trustees  of  two  or  more  townships  may  join  in 
providing  and  maintaining  such  watering  place  where  it  is  located  on  or 
near  the  township  line,  or  on  a  road  leading  from  one  township  into 
another;  but  not  more  than  fifty  dollars  shall  be  expended  in  or  by  any 
township,  in  any  one  year,  for  such  purpose,  to  be  paid  out  of  any  money 
in  the  township  treasury  not  otherwise  appropriated. 

Sec.  4737-  [Additional  road  tax.]  If  township  trustees  deem 
an  additional  road  tax  necessary,  they  shall  determine  the  per  centum 
to  be  levied  upon  the  taxable  property  of  their  respective  townships,  not 
exceeding  three  mills  on  the  dollar,  for  the  purpose  of  cutting  down 
hills,  filling  low  places,  and  making  repairs  that  may  be  necessary  by 
reason  of  any  casualty  that  may  occur  in  the  public  highways  of  their 
respective  townships,  which  shall  not,  in  any  year  exceed  the  sum  of 
two  hundred  dollars,  unless  the  question  of  a  greater  levy  be  submitted 
to  a  vote  of  the  qualified  voters  of  the  township,  at  a  special  election 
called  by  the  trustees  for  that  purpose;  if  a  majority  of  the  qualified 
voters  at  such  election  vote  in  favor  of  levying  an  increased  tax,  for 
the  purposes  aforesaid,  the  trustees  shall  certify  the  same  to  the  county 
auditor,  in  writing,  on  or  before  the  first  Monday  of  June  in  each  year, 
and  the  auditor  shall  assess  the  same  on  the  taxable  property  in  the 
township,  not  included  in  any  municipal  corporation,  and  the  same  shall 
be  collected  in  the  December  installment,  and  paid  out  as  other  taxes, 
except  as  hereinafter  provided. 

Sec.  4738.  [Rate  of  such  levy  to  be  published.]  The  auditor  of 
each  county,  immediately  after  the  county  commissioners  and  trustees 
of  townships  at  their  annual  sessions  for  that  purpose,  have  determined 
the  amounts  to  be  assessed  for  road  purposes  in  their  respective  counties 
and  townships,  shall  give  notice,  in  some  newspaper  in  general  circula- 
tion in  the  county,  of  the  per  centum  on  each  hundred  dollars  of  the 
valuation  so  determined  to  be  assessed  in  such  county  and  township  re- 
spectively, and  that  said  tax  may  be  discharged  by  labor  on  the  roads 
under  the  direction  of  the  supervisors  of  the  several  districts;  and  he 
shall  make  a  list  of  the  names  of  tax  payers,  and  the  amount  of  the 
road  tax  with  which  each  stands  charged,  and  transmit  the  same  to  the 
clerk  of  the  proper  township. 

Sec  4739.  [Tax  to  be  certified  to  supervisors.]  The  township 
clerk,  immediately  after  the  receipt  of  such  list,  shall  make  out  and  de- 
liver to  each  supervisor  an  abstract  of  the  amount  of  road  tax  each 
person  in  his  district  is  charged  with. 

Sec  4740,  [Passways  may  be  constructed.]  Any  landholder 
through  whose  land  a  state,  county,  or  township  road  is  now  or  may  be 
hereafter  laid  out  and  established,  is  authorized,  under  the  direction  of  the 

13     F.  H.  B. 


194 


LAWS   RELATING  TO  AGRICULTURE. 


supervisor  of  the  proper  district,  to  construct  a  passway  either  over  or 
under  such  road,  so  as  to  permit  stock  to  pass  and  repass ;  but  the  pass- 
way  shall  not  be  constructed  over  or  under  any  road  within  the  limits 
of  the  outlots  of  a  city,  town,  or  village,  and  shall  not  hinder  or  obstruct 
the  travel  on  such  roads,  and  shall  be  kept  in  good  repair  at  the  expense 
of  the  landholder. 

Sec.  4741.  [Vacancies  in  office  of  supervisor;  how  filled.]  When 
a  vacancy  occurs  in  the  office  of  supervisor,  by  death,  resignation,  or  other- 
wise, the  trustees  of  the  township  shall  appoint  some  suitable  person 
to  fill  the  vacancy,  who  shall,  before  entering  upon  the  duties  of  his 
office,  take  an  oath  to  faithfully  and  impartially  discharge  the  duties 
of  his  office,  and  shall  be  under  the  same  restrictions  and  penalties  as 
though  he  had  been  duly  elected  and  qualified. 

Sec.  4742.  [Penalties  against  supervisors.]  A  supervisor  who 
neglects  or  refuses  to  perform  the  several  duties  enjoined  on  him  by 
this  chapter,  or  who,  under  any  pretence  whatever,  gives  or  signs  any 
receipt  or  certificate,  purporting  to  be  a  receipt  or  certificate  for  labor 
or  work  performed,  or  money  paid,  unless  the  labor  shall  have  been  per- 
formed or  money  paid  prior  to  the  giving  or  signing  of  such  receipt  or 
certificate,  shall  forfeit  for  every  such  offense,  not  less  than  five  dollars 
nor  more  than  fifty  dollars,  to  be  recovered  in  an  action  before  a  justice 
of  the  peace  within  the  township  where  he  resides ;  and  the  trustees 
of  the  township  shall  prosecute  all  offenses  against  the  provisions  of 
this  section;  but  if  a  supervisor  conceives  himself  aggrieved  by  the 
judgment  of  such  justice,  he  may  on  giving  sufficient  security  for  the  pay- 
ment of  costs,  appeal  to  the  court  of  common  pleas,  which  shall  make 
such  order  therein  as  to  it  may  appear  just  and  reasonable. 

(4742-1)  [Supervisors  not  to  work  out  road  tax  other  than  their 
own.]  No  supervisor  shall  directly  or  indirectly  be  concerned  in  any 
contract  for  working  out  the  road  tax,  other  than  his  own,  provided  for 
in  section  (4738)  four  thousand  seven  hundred  and  thirty-eight,  under 
the  penalty  provided  for  in  section  (4742)  four  thousand  seven  hundred 
and  forty-tzvo. 

Sec.  4743.  [Only  public  roads  to  be  worked.]  A  supervisor 
shall  not  perform  nor  cause  to  be  performed  labor  on  any  road  not 
regularly  laid  out  and  established  by  law. 

Sec.  4744.  [Certificates  for  timber,  etc.,  taken  for  road.]  A  su- 
pervisor of  roads,  or  a  superintendent  of  a  free  turnpike,  improved,  or 
other  macadamized  road  having  no  gate  thereon,  who  takes  any  timber, 
stone,  or  gravel,  for  the  purpose  of  making,  improving,  or  repairing  any 
road  or  structure,  or  repairing  any  bridge  or  crossway  within  his  dis- 
trict, shall,  on  demand  of  the  owner  of  the  land,  or  his  agent,  or  the 
guardian  of  any  ward,  or  the  executor  of  any  will,  having  the  lands  in 
charge  from  which  the  same  were  taken,  give  a  certificate  showing  the 
quantity  of  such  timber,  stone,  or  gravel,  with  the  value  thereof  re- 
spectively, and  the  time,  and  purpose  for  which,  the  same  was  taken. 

Sec.  4745-  [How  paid.]  A  person  who  receives  such  certificate 
shall  present  the  same  to  the  township  trustees  of  the  proper~township, 
at  any  regular  or  called  session,  within  twelve  months  after  the  taking 
of  such  timber,  stone,  or  gravel,  and  the  trustees,  if  satisfied  that  the 
amount  is  just  and  equitable,  shall  cause  the  same  to  be  paid  out  of  the 
fund  hereinafter  provided  for;  but  a  certificate  so  allowed  and  paid  by 


LAWS   RELATING  TO  AGRICULTURE.  195 

xhe  trustees  shall  not  exceed  twenty-five  dollars  to  any  road  district 
per  annum ;  any  greater  amount  that  may  be  presented  shall  be  exam- 
ined, and  if  allowed,  shall  be  certified  by  the  trustees  to  the  commission- 
ers of  the  county,  with  the  accompanying  vouchers,  to  be  allowed  by 
them  if,  in  their  opinion,  the  same  is  just  and  equitable,  and  the  com- 
missioners shall  cause  the  same  to  be  paid  out  of  the  county  funds  for 
that  purpose ;  and  the  township  trustees  are  authorized  to  levy  annu- 
ally, upon  the  taxable  property  of  their  respective  townships,  in  addi- 
tion to  other  taxes  authorized  by  law,  a  tax  sufficient  to  pay  such  certi- 
ficates, not  exceeding  twenty-five  dollars  to  each  road  district  in  the 
township,  which  shall  be  certified,  assessed,  and  collected  as  other  town- 
ship taxes. 

(4745-1)  Sec.  1.  [When  county  commissioners  may  condemn 
material  for  road  purposes.]  Whenever  the  board  of  county  commis- 
sioners of  any  county  in  this  state  are  unable  to  purchase  of  or  contract 
with  the  owner  or  owners  of  any  gravel  bank  or  gravel  bed,  or  other 
deposit  of  gravel,  or  the  owner  or  owners  of  any  stone,  timber  or  other 
material  in  the  judgment  of  such  board  of  county  commissioners  nec- 
essary for  the  construction  or  repair  of  any  road  or  highway  within 
the  said  county,  upon  fair  and  equitable  terms,  or  in  case  the  owner  or 
owners  refuse  to  sell  or  contract  with  the  county  commissioners  of  any 
such  county  for  the  sale  of  such  material,  on  such  board  of  county  com- 
missioners agreeing  to  allow  a  reasonable  [compensation]  therefor,  then 
such  board  of  county  commissioners  are  authorized  and  hereby  em- 
powered to  condemn  and  appropriate  for  public  use  said  material  in 
such  quantities  as,  in  the  judgment  of  said  board  of  commissioners,  the 
public  needs  may  require,  allowing  the  owners  therefor  a  just  and  equit- 
able compensation  for  the  same. 

(4745-2)  Sec  2.  [Findings  may  be  appealed  from.]  An  appeal 
from  the  amount  of  compensation  allowed  by  any  such  board  of  county 
commissioners,  for  the  payment  of  any  material  condemned  and  appro- 
pi  iated  as  aforesaid  for  public  use,  shall  be  allowed  to  the  probate  court 
of  the  county,  which  appeal  shall  be  perfected  and  docketed  in  the  mode 
prescribed  in  sections  four  thousand  six  hundred  and  eighty-nine  and 
four  thousand  sir  hundred  and  ninety  of  the  Revised  Statutes  of  Ohio, 
except  that  the  appellants  shall  be  the  plaintiff  and  the  board  of  county 
commissioners  the  defendant. 

(4745-3)  Sec.  3.  [Proceedings  in  probate  court.]  Upon  such 
appeal,  the  probate  court  shall  confine  itself  to  the  question  of  compen- 
sation presented  by  it,  and  shall  forthwith,  after  the  docketing  thereof, 
cause  a  jury  of  twelve  men  to  be  selected  and  returned  by  the  sheriff 
and  clerk  of  the  county,  as  provided  by  law,  and  shall  issue  a  venire, 
commanding  them  to  appear  in  court  on  the  day  and  hour  named  in 
the  venire,  which  shall  not  be  later  than  ten  days  from  its  date,  and  sworn 
as  jurors  upon  the  trial  of  such  claim. 

(4745-4)  Sec  4.  [How  notice  given.]  The  probate  court  shall 
cause  a  notice  to  be  served  upon  the  appellant  and  upon  the  board  of 
county  commissioners  to  attend  at  the  time  and  place  designated  for 
hearing  such  appeal,  which  notice  shall  be  served  by  delivering  each 
person  named  therein  a  copy  thereof,  or  by  leaving  such  copy  at  his 
usual  place  of  residence,  and  if  any  parties  are  non-residents  of  the  county, 
and  have  an  agent  or  attorney  therein,  service  on  such  agent  or  attorney 
shall  be  sufficient,  or  such  notice  may  be  sent  to  another  county  for 


19t)  LAWS   RELATING   TO   AGRICULTURE. 

service  upon  any  party  residing  or  being  therein ;  and  if  the  appellant 
is  a  non-resident,  when  he  perfects  his  appeal,  he  shall  leave  with  the 
probate  judge  the  name  of  an  agent  or  attorney  in  the  county  upon  whom 
service  of  such  notice  may  be  made;  and  if  he  fail  to  do  so  no  service 
upon  him  shall  be  necessary ;  and  service  upon  a  guardian  shall  be  suffi- 
cient service  upon  his  ward ;  and  all  further  proceedings  upon  such  ap- 
peal, relating  to  challenges,  selection  of  talesmen,  oath  of  jurors  and  con- 
duct  of  the  trial  shall  be  the  same  as  is  prescribed  in  sections  four  thous- 
and seven  hundred  and  two  and  four  thousand  seven  hundred  and  three 
of  the  Revised  Statutes  of  Ohio,  in  so  far  as  such  proceedings  are  appli- 
cable to  the  trial  of  the  appeal  herein  provided  for. 

(4745-5)  Sec.  5.  [Costs;  how  paid.]  If  the  compensation 
awarded  to  such  appellant  on  appeal  is  not  greater  than  the  compensa- 
tion allowed  by  the  board  of  county  commissioners,  such  appellant  shall 
pay  all  the  costs  made  on  such  appeal,  and  judgment  shall  be  entered 
against  the  appellant  therefor,  for  which  execution  shall  be  awarded; 
but,  if  upon  such  appeal,  a  greater  compensation  is  awarded  than  was 
awarded  by  the  board  of  county  commissioners,  judgment  shall  be  en- 
tered against  said  board  of  commissioners  for  such  costs. 

Sec.  6.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

(4745-6)  Sec.  7.  [Van  Wert  county;  tax  for  road  repair  mate- 
rial.] In  any  county  which  at  the  last  federal  census  had,  or  which 
at  any  future  federal  census  may  have  a  population  of  not  less  than 
twenty-nine  thousand  and  fifty  (29,050)  and  not  more  than  twenty-nine 
thousand  and  eight  hundred  (29,800),  the  commissioners  of  any  such 
county  to  pay  for  such  material  shall  levy  a  tax  upon  all  the  taxable 
property  in  said  county  not  exceeding  one  (1)  mill  on  the  dollar  valua- 
tion, and  for  a  period  not  exceeding  five  years,  the  total  sum  to  be  thus 
raised  not  exceeding  eight  thousand  ($8,000.00)  dollars. 

(4745-7)  Sec.  8.  [Bonds.]  To  anticipate  the  receipts  which 
may  come  into  the  county  treasury  by  reason  of  such  tax,  the  commis- 
sioners of  any  such  county  may  borrow  such  sums  of  money  as  shall  not 
exceed  altogether  said  eight  thousand  ($8,000.00)  dollars,  and  issue 
bonds  therefor  at  a  rate  of  interest  not  exceeding  six  (6)  per  cent,  per 
annum,  which  bonds  shall  be  payable  at  a  time  not  exceeding  five  (5) 
years  from  date  of  issue,  and  to  be  paid  out  of  the  funds  realized  from 
said  tax  levy. 

(4745-8)  Sec.  9.  [Free  use  of  material.]  The  commissioners 
of  any  such  county  shall  allow  the  free  use  of  any  such  material  by  road 
supervisors  and  township  trustees,  and  any  other  authority  in  any  such 
county  having  the  care  and  control  of  public  roads  and  streets  in  such 
county,  to  be  used  for  constructing,  improving  and  repairing  roads  and 
streets. 

Sec.  4746.  [Obstructions  to  be  removed.]  At  any  time  during 
the  year  when  any  public  highway  is  obstructed,  the  supervisor  of  the 
district  shall  forthwith  cause  the  obstruction  to  be  removed,  for  which 
purpose  he  shall  immediately  order  out  such  number  of  persons  liable 
to  do  work  or  pay  tax  upon  the  public  highwavs  of  his  district  as  he 
may  deem  necessary;  if  any  person  thus  called  out  has  performed  his 
two  days'  labor  upon  the  public  highways,  or  paid  his  road  tax,  the 
supervisor  shall  give  [him  a]  certificate  for  the  amount  of  labor  per- 
formed under  such  order,  which  may  be  applied  on  the  labor  or  tax  that 
may  be  due  from  such  person  the  ensuing  year. 


LAWS   RELATING  TO   AGRICULTURE.  197 

Sec.  4747.  [Roads  on  state  or  township  lines.]  A  supervisor  of 
a  road  district  bordering  on  the  state  line  between  Ohio  and  adjoining 
state  may,  when  a  public  highway  has  been  located  upon  such  state  line 
in  accordance  with  and  under  the  provisions  of  the  laws  of  the  state 
of  Ohio,  apply  the  labor  of  his  district  upon  said  road,  in  the  same  man- 
ner as  on  roads  located  within  the  boundaries  of  the  state ;  and  in  case 
any  public  road  is  or  may  be  established  as  a  part  of  the  line  or  bound- 
ary of  any  township  or  municipal  corporation,  the  trustees  of  such  ad- 
joining townships,  and  council  of  such  corporations,  as  the  case  may 
be,  shall  meet  at  some  convenient  place  as  soon  after  the  first  Monday 
of  March  as  convenient,  and  apportion  such  road  between  the  townships, 
or  township  and  corporation,  as  justice  and  equity  may  require,  and 
the  trustees  of  the  respective  townships,  and  council  of  the  corpora- 
tion, shall  cause  the  road  to  be  opened  and  improved  accordingly,  and 
shall  thereafter  cause  their  respective  portions  to  be  worked  and  kept 
in  proper  repair. 

(4747-1)  Sec.  1.  [Highways  along  state  line.]  When  it  may 
"be  desirable  to  lay  out,  construct  or  improve,  by  grading,  graveling  or 
macadamizing  any  state  or  county  road  on  or  along  the  state  line,  be- 
tween the  state  of  Ohio  and  any  adjoining  state,  the  boards  of  county 
commissioners  of  the  several  counties  of  this  state  adjoining  any  other 
state,  are  hereby  authorized  and  empowered  to  join  with  the  boards  of 
county  commissioners  or  other  proper  authorities  of  any  adjoining  coun- 
ties of  other  states,  in  the  construction  and  improvement  in  the  manner 
aforesaid  of  such  roads  above  described ;  and  said  boards  of  county 
commissioners  are  hereby  authorized  and  empowered  to  enter  into  con- 
tracts jointly,  with  said  boards  of  county  commissioners  or  other  proper, 
authorities  of  said  adjoining  counties  in  adjoining  states,  for  the  con- 
struction and  improvements  of  said  roads,  each  county  to  pay  such  pro- 
portion of  the  costs  of  said  improvement  as  shall  be  determined  and 
.agreed  upon  by  and  between  said  boards  of  county  commissioners  or 
other  proper  authorities  of  such  adjoining  states,  and  the  board  of  county 
commissioners  of  any  such  county  in  this  state,  the  share  of  no  county 
in  this  state  to  exceed  one-half  the  entire  cost  of  said  improvement ;  but 
any  road  so  constructed  or  improved  as  above  described  shall  be  free 
of  all  tolls. 

(4747-2)  Sec.  2.  [By  what  law  county  commissioners  gov- 
erned.] In  the  exercise  of  the  powers  enumerated  and  granted  in  sec- 
tion one  [§(4747 — 1)]  of  this  act,  the  board  of  county  commissioners 
of  any  county  in  this  state  shall  be  governed  by  and  in  accordance  with 
the  provisions  contained  in  chapters  six,  seven  and  eight,  division  two, 
title  seven,  part  two  of  the  Revised  Statutes  of  Ohio,  and  in  all  acts 
amendatory  thereof  or  supplementary  thereto,  so  far  as  the  same  shall 
be  applicable. 

Sec.  4748.  [Obstruction  of  road  by  railroad  agents.]  If  any 
person  or  corporation,  or  a  conductor  of  any  train  of  railroad  cars,  or 
any  other  agent  or  servant  of  a  railroad  company,  obstruct,  unnecessarily, 
any  public  road  or  highway  authorized  by  any  law  of  this  state,  by 
permitting  any  railroad  car  or  locomotive  to  remain  upon  or  across 
the  same  for  a  longer  period  than  five  minutes,  or  permit  any  timber, 
lumber,  wood,  or  other  obstructions  to  remain  upon  or  across  the  same 
to  the  hindrance  or  inconvenience  of  travelers,  or  any  person  passing 
aione-  or  upon  such  road  or  highway,  every  person  or  corporation  so 
.offending  shall  forfeit  and  pay,  for  every  such  offense,  any  sum  not 


198  LAWS    RELATING   TO    AGRICULTURE. 

exceeding  twenty  nor  less  than  two  dollars,  and  shall  be  liable  tor  all' 
damages  arising  to  any  person  from  such  obstruction,  or  injury  to  such 
road  or  highway,  to  be  recovered  by  an  action  at  the  suit  of  the  trustees 
of  the  township  in  which  the  offense  is  committed,  or  of  any  person 
suing  for  the  same  before  a  justice  of  the  peace  within  the  county  where 
the  offense  is  committed,  or  by  indictment  in  the  court  of  common  pleas 
in  the  proper  county ;  every  twenty-four  hours  such  person  or  corpora- 
tion, after  being  notified,  suffers  such  obstruction  to  remain,  shall  be 
deemed  an  additional  offense  against  the  provisions  of  this  section  ;  and 
all  fines  accruing  under  this  section,  when  collected,  shall  be  paid  to 
the  treasurer  of  the  township  in  which  the  offense  was  committed,  and 
be  applied  by  the  trustees  to  the  improvement  of  roads  and  highways, 
therein. 

Sec.  4749.  [Company  liable  for  fines  against  employes.]  Every- 
railroad  company  or  other  corporation,  the  servant,  agent,  or  employe 
of  which  in  any  manner,  obstructs  any  public  road  or  highway,  shall  be 
liable  to  pay  all  fines  which  may  be  assessed  against  such  servant, 
agent,  or  employe  for  so  obstructing  the  same,  and  such  liability  may  be 
enforced  by  execution  issued  against  such  corporation  on  the  judgment 
rendered  against  such  servant,  agent,  or  employe. 

Sec.  4750.  [How  fires  in  woods  or  prairies  extinguished.] 
Whenever  the  woods  or  prairies  in  any  township  are  on  fire  so  as  seriously 
to  endanger  property,  the  trustees  of  such  township  may  order  as  many 
of  the  inhabitants  of  the  township,  liable  to  work  on  the  highways,  and 
residents  in  the  vicinity  of  the  place  where  such  fire  is  as  they  deem 
necessary,  to  repair  to  the  place  where  such  fire  is,  and  there  to  assist  in 
extinguishing  the  same,  or  stopping  its  progress ;  and  every  person  called 
out  under  the  provision  of  this  section  shall  be  allowed,  by  the  supervisor 
of  his  road  district,  to  be  applied  on  his  poll  or  road  tax,  the  same 
amount  per  day  that  he  is  now  allowed  for  work  on  public  highways. 

Sec.  4751.  [Penalties  for  refusal  to  assist.]  If  a  person  refuse 
or  willfully  neglect  to  comply  with  such  order,  he  shall  forfeit  a  sum  not 
less  than  five  nor  more  than  fifty  dollars,  to  be  collected  before  any 
justice  of  the  peace  of  the  township. 

Sec.  4752.  [Bridges  over  mill-races.]  No  person  possessed  of 
the  right  to  any  water  privilege  shall  be  required  to  erect  a  bridge  over 
any  mill-race  or  water-course,  excavated  or  constructed  by  such  person 
across  any  public  road  or  highway  for  hydraulic  purposes ;  nor  shall  any 
person  be  required  to  keep  in  repair  any  bridge  that  has  been  or  may 
hereafter  be  erected  over  any  mill-race  or  water-course  so  excavated  or 
constructed. 

Sec.  4753.  [Mill-races  across  roads.]  When  any  public  high- 
way is  hereafter  laid  out  and  established  the  person  possessed  of  any 
such  right,  shall  within  one  year  thereafter,  file  in  the  office  of  the  auditor 
of  the  county,  a  declaration  of  such  right,  in  writing,  describing  the 
same,  and  setting  forth  therein  the  place  at  which  as  near  as  practicable, 
he  intends  at  some  future  day  to  excavate  and  construct  a  mill-race 
or  water-course  across  such  highway ;  which  declaration  shall  be  recorded 
by  the  auditor  and  thereafter  such  right  shall  be  considered  valid  in  law 
for  the  benefit  of  such  person,  his  heirs,  or  assigns;  but  nothing  in  this 
section  shall  be  so  construed  as  to  prevent  any  person  possessed  of  such 
right  from  excavating  and  constructing  a  mill-race  or  water-course 
across  any  public  highway  that  has  heretofore  been  laid  out  and  estab- 
lished on  giving  the  notice  required  by  the  next  section. 


LAWS    RELATING   TO   AGRICULTURE.  199 

Sec.  4754.  [Notice  to  be  given  of  intention  to  construct  mill- 
race.]  When  any  person  excavates  or  constructs  a  mill-race  across  a 
public  highway,  he  shall  give  *  at  least  thirty  days'  previous  notice,  in 
writing,  to  the  trustees  of  the  proper  township,  of  his  intention  so  to  do ; 
and  if  he  fail  or  neglect  to  give  such  notice,  the  supervisor  of  the  proper 
road  district  may,  if,  in  his  opinion,  the  public  good  demands  it,  fill  up 
such  mill-race  or  water-course,  at  the  cost  of  the  party  so  failing  and 
neglecting  to  give  the  notice,  to  be  recovered  by  the  supervisor,  together 
with  fifty  per  centum  thereon,  and  the  costs  of  suit,  for  the  use  of  such 
road  district,  in  an  action  before  any  court  of  competent  jurisdiction. 

Sec.  4755.  [Trustees  may  authorize  improvement  of  certain 
roads.]  The  trustees  of  any  township  may,  upon  the  written  petition 
of  one  or  more  persons  interested,  describing  the  road  or  part  thereof 
proposed  to  be  improved,  authorize  any  person  living  on  or  near  any  un- 
improved state,  county  or  township  road,  situate  within  the  township, 
which  intersects  or  connects  with  any  turnpike  or  improved  road,  to 
improve  any  part  or  all  of  such  road  situate  within  the  township,  within 
such  time  as  they  may  direct,  by  grading  the  same  not  more  than  sixteen 
feet  wide,  and  graveling  such  grade  not  exceeding  twelve  feet  wide,  or 
otherwise  improving  the  same;  such  improvement  shall  be  made  under 
the  instructions  of  the  supervisors  of  roads  within  whose  districts  the 
road  or  part  thereof  to  be  improved  is  situate ;  and  as  soon  as  such  road  or 
part  thereof  authorized  to  be  improved  as  aforesaid,  within  any  road 
district,  is  fully  improved  and  completed  to  the  satisfaction  of  the 
supervisor  of  such  district,  he  shall  estimate  the  work  so  done  by  the 
several  persons  authorized,  either  by  themselves  or  those  employed  by 
them,  under  such  rules  and  regulations  as  the  township  trustees  shall 
prescribe  as  to  extent  and  character  of  such  improvement,  and  give 
to  such  persons  a  certificate  specifying  the  amount  of  labor  performed 
by  them,  stating  when  authority  was  given  to  improve  such  road,  and 
when  the  same  was  completed  in  his  district,  and  accepted  by  him,  and 
the  value  in  money  of  such  labor  so  estimated ;  but  in  estimating  the  value 
of  such  labor  in  money,  the  supervisor  shall  not  allow  a  greater  sum  than 
two  dollars  and  twenty-five  cents  for  each  team  and  driver,  and  not  to 
exceed  one  dollar  for  each  hand  per  day  for  the  time  actually  employed ; 
and  in  case  of  dispute  between  the  supervisor,  and  any  person  interested 
in  such  improvement  as  to  the  manner  of  making  the  same,  its  com- 
pletion, or  the  value  of  the  work,  the  matter  in  dispute  shall  be  submitted 
to  the  trustees  of  the  township,  and  their  decision  shall  be  final. 

Sec.  4756.  [Expense  of  improvement  to  be  credited  on  road  tax.] 
The  holder  of  any  such  certificate  shall  be  entitled  to  have  the  amount 
thereof  credited  on  any  road  tax,  payable  in  labor,  levied  on  the  property 
of  such  person  situate  within  the  county,  after  the  completion  of  such 
improvement ;  if  such  road  tax  levied  in  any  year  on  such  property  is 
not  sufficient  to  cover  the  amount  of  the  certificate,  the  same  shall  in  like 
manner  be  so  credited  from  year  to  year,  until  the  certificate  is  fully  paid 
without  interest ;  at  the  time  of  making  such  credit  upon  the  certificate, 
the  supervisor  shall  issue  and  deliver  to  the  holder  thereof  a  receipt  for  the 
road  tax  charged  against  such  person  for  the  current  year ;  and  the  holder 
of  the  certificate  may  transfer  the  same,  or  any  balance  due  thereon,  to  any 
subsequent  purchaser  of  the  property  owned  by  him  when  the  certificate 
was  issued. 


200  LAWS   RELATING   TO   AGRICULTURE. 

Sec.  4757.     [Material  for  improvement  of  public  roads.]     The 

trustees,  at  the  time  of  authorizing  such  improvement,  shall  direct  in  their 
order  at  what  point  the  materials  therefor  shall  be  taken,  under  the 
general  laws  in  force  for  procuring  materials  for  the  improvement  of 
public  roads,  which  point  shall  be  the  nearest  and  most  convenient  to  the 
place  where  the  materials  can  be  procured  in  the  township;  provided, 
that  where  a  road  is  located  in  two  townships,  the  material  for  the 
improvement  thereof  may  be  procured  at  the  nearest  and  most  con- 
venient point  in  either  township. 


ROAD  DISTRICTS. 


(4557-1)  Sec.  1.  [Organization  of  road  districts;  how  gov- 
erned and  controlled.]  In  any  county  two  or  more  adjacent  town- 
ships, not  exceeding  four  townships,  occupying  contiguous  and  compact 
territory,  may  organize  into  road  districts.  Such  road  districts  shall 
be  governed  and  controlled  for  the  purpose  of  constructing  pikes  and  im- 
proving roads  as  herein  provided  by  a  road  commission,  composed  of  not 
more  than  four  in  number. 

[Road  commission;  how  appointed;  nominations  by  township 
trustees;  removals.]  Such  commission  shall  be  appointed  by  the 
county  commissioners  of  such  county,  not  more  than  one  of  whom  shall 
be  a  resident  of  any  such  township  composing  such  road  district,  and  such 
commissioner  shall  be  nominated  by  the  respective  township  trustees,  and 
may  be  removed  at  any  time  for  incompetency  or  neglect  of  duty  by  said 
county  commissioners. 

[When  appointment  to  be  made.]  Provided,  that  no  such  ap- 
pointment of  road  commissioners  shall  be  made  or  such  commissioners 
appointed  until  the  construction  of  such  road  district  shall  be  petitioned 
for,  to  the  county  commissioners,  by  at  least  fifty  or  more  of  the  resident 
taxpayers  of  each  of  such  townships  asking  for  the  improvement  of. the 
public  roads  of  such  townships  and  asking  for  the  establishment  of  such 
road  district. 

(4757-2)  Sec.  2.  [How  districts  created.]  The  county  com- 
missioners on  receiving  such  written  petitions  from  the  respective  town- 
ships shall  be  authorized  to  forthwith  pass  resolutions  and  place  the  same 
upon  their  journal  organizing  such  townships  into  a  road  district  and 
notify  the  respective  boards  of  trustees  of  such  townships  of  such  action, 
and  the  same  shall,  within  ten  days  thereafter,  be  considered  and  held  to 
be  a  road  district  for  the  purposes  of  this  act. 

[Notice  to  trustees  to  make  nominations;  selection  of  board;  ap- 
portionment politically.]  Said  county  commissioners  shall  forthwith, 
after  the  expiration  of  such  ten  days,  notify,  in  writing,  the  township 
trustees  to  nominate  suitable  persons  for  the  office  of  road  commissioner 
and  from  such  nominees  so  presented  by  such  trustees,  the  county  com- 
missioners shall  select  a  non-partisan  board  not  more  than  two  of  whom 
shall  be  a  member  of  anv  one  political  party. 

[Meeting  of  board  for  organization.]  Said  board  shall  forthwith 
meet  at  the  county  seat  and  organize  by  electing  one  of  their  number 
president,  and  one  of  their  number  secretary,  and  shall  keep  a  record  of  all 
their  proceedings. 


LAWS   RELATING   TO   AGRICULTURE.  201 

(4757-3)  Sec.  3.  [Submission  of  question  of  improving  roads.] 
Within  ten  days  after  said  commission  is  duly  organized,  it  shall  notify 
the  deputy  state  supervisors  of  elections  of  such  county,  of  its  said  organ- 
ization, whereupon  it  shall  be  the  duty  of  the  deputy  state  supervisors  of 
elections  to  submit  the  question  of  improvement  of  the  public  roads  of 
such  road  district,  to  the  qualified  electors  thereof  at  any  general  or 
special  election.  The  qualified  electors  of  any  such  district  including 
any  village  or  city  situated  therein  shall  at  such  election  have  submitted 
to  them  the  proposition  of  improving  the  public  roads  within  such  district 
by  general  taxation  levied  upon  property  in  such  district. 

[Form  of  ballot.]  And  those  voting  in  favor  of  such  proposition 
shall  have  on  their  ballots,  "Road  improvement  by  general  taxation — 
Yes,"  and  those  opposed,  "Road  improvement  by  general  taxation — No." 

[Notice  of  election.]  The  said  road  commissioners  shall  cause 
notice  of  such  election  to  be  given  in  at  least  two  of  the  newspapers  pub- 
lished in  or  of  general  circulation  in  such  road  district,  and  shall  also 
•cause  handbills  or  posters  announcing  the  same  to  be  posted  up  at  the 
usual  place  of  holding  elections  in  each  ward  and  precinct  in  such  road 
district  at  least  ten  days  prior  to  such  election. 

(4757-4)  Sec.  4.  [Appointment  of  judges  and  clerks;  returns; 
compensation.]  The  deputy  supervisors  of  elections  of  such  county 
shall  appoint  four  judges  and  two  clerks  for  each  ward  and  precinct  in 
such  road  district,  who  shall  conduct  such  election  in  like  manner  as  is 
by  law  provided  for  holding  other  elections.  They  shall  forthwith  return 
to  the  deputy  supervisors  of  such  county,  a  full  and  correct  abstract  of  the 
vote  cast  at  such  election,  and  shall  be  governed  in  all  other  respects 
by  the  laws  regulating  general  elections  and  shall  receive  the  same  com- 
pensation as  judges  and  clerks  of  other  elections,  which  shall  be  paid 
in  accordance  with  general  statutes. 

[Canvass  of  votes.]  The  poll-books  and  abstracts  so  returned  to 
the  deputy  state  supervisors  of  elections,  shall,  within  two  days  thereafter, 
be  opened  by  them  and  a  correct  statement  of  the  result  shall  be  entered 
upon  the  records  of  the  county  commissioners  by  the  auditor  of  the 
county  for  public  inspection. 

(4757-5)  Sec.  5.  [Effect  of  negative  vote.]  If,  at  such  election, 
a  majority  of  the  votes  cast  are  against  the  proposition  of  improving  the 
public  roads  by  general  taxation,  the  said  road  commissioners  shall  not 
assess  any  tax  for  that  purpose,  and  their  duties  shall  cease ; 

[Resubmission  of  question.]  And  when  a  new  board  of  road 
commissioners,  as  herein  provided  by  petition,  shall  be  again  created, 
they  shall,  when  a  like  petition  is  thereafter  presented  to  them,  again 
submit  the  same  question  at  the  next  annual  election,  either  spring  or 
fall  or  special,  to  the  qualified  voters  of  such  road  district.  Notice  of 
such  special  election  shall  be  given  as  provided  by  the  general  statutes 
for  submitting  special  questions. 

(4757-6)  Sec.  6.  [Effect  of  affirmative  vote;  designation  of 
Toads  for  improvement.]  If,  at  such  election,  a  majority  be  found  in 
favor  of  the  policv  of  improvement  of  the  public  roads  of  such  road  district 
"by  general  taxation,  such  road  commissioners  shall  forthwith  designate 
and  determine  what  roads  and  the  extent  of  the  improvement  in  the 
respective  townships  which  should  in  their  opinion  be  improved,  at 
•what  points  the  improvement  should  begin  and  how  much  of  such  roads 


202  LAWS    RELATING   TO   AGRICULTURE. 

to  be  completed  annually.  But  no  roads  shall  be  by  them  designated  for 
improvement  which  is  [are]  not  already  established  or  which  does  [do] 
not  now  extend  beyond  the  road  district  limits.  Nor  shall  any  public 
highway  within  the  corporate  limits  of  city  or  village  within  such  road 
district  be  so  designated  or  improved  unless  such  road  extends  to  and 
beyond  the  said  road  district  continuously. 

[Employment  of  engineer  and  assistants.]  Such  road  commis- 
sioners shall  have  the  power  to  employ  a  competent  civil  engineer,  and 
such  assistants  for  him  as  they  may  deem  necessary,  who  shall  mak  a 
correct  map  of  the  established  roads  of  such  road  district,  designating 
plainly  which  have  been  by  such  commissioners  selected  for  improve- 
ment, and  also  profiles  of  such  roads  showing  the  grades  thereof  as  they 
then  exist,  as  well  as  prepare  such  other  information  as  may  be  required 
by  said  commissioners,  all  of  which  shall  be  kept  on  file  with  the  secre- 
tary of  said  road  commission  for  public  inspection. 

(4757-7)     Sec.  7.    [Term  ^f  office  of  commissioners;  oath.]    The 

commissioners  so  appointed  sha1l  hold  their  office  for  a  term  of  four 
years,  and  before  entering  upon  the  discharge  of  their  duties,  take  an 
oath  of  office  to  honestly  and  impartially  discharge  their  duties  with  a 
view  to  the  public  welfare. 

[Compensation.]  They  shall  receive  as  compensation  for  each 
day  actually  employed  the  same  compensation  as  township  trustees. 

[Engineer's  compensation.]  Such  engineer  shall  receive  such 
sum  not  exceeding  four  dollars  per  day  as  he  may  agree  upon  with  said 
road  commissioners,  and  not  to  exceed  one  hundred  dollars  in  any  one 
month. 

[How  compensation  paid.]  The  compensation  of  the  commis- 
sioners and  engineer  shall  be  paid  out  of  the  road  fund,  raised  for  the 
purpose  of  said  improvement,  upon  the  order  of  the  auditor  of  the 
county  after  the  allowance  by  the  county  commissioners. 

(4757-8)  Sec.  8.  [Selection  of  roads  for  improvement.]  Imme- 
mediately  after  the  report  of  such  road  commissioners  and  the  map  and 
profiles  of  such  engineer  have  been  filed,  such  road  commissioners  shall, 
in  determining  which  road  shall  be  first  improved  of  those  designated, 
select  the  most  public  roads  of  the  road  district  both  east  and  west  and 
north  and  south,  and  if,  in  their  opinion  it  is  not  expedient  to  undertake 
the  improvement  of  such  selected  roads  in  all  directions  at  one  time, 
they  shall  proceed  to  first  improve  the  most  prominent  thoroughfare 
in  such  district. 

(4757-9)  Sec.  9.  [County  auditor  ex  officio  member,]  The 
county  auditor  shall  be  ex  officio  member  of  said  board  but  shall  only 
have  a  vote  in  case  of  a  tie  vote  on  any  question  before  said  board  of 
road  commissioners. 

[Record  kept  by  commissioners.]  The  said  road  commissioners 
shall  cause  to  be  kept  by  the  secretary  or  clerk  of  the  board  in  a  record 
book  to  be  provided  by  them  for  that  purpose,  a  full  and  complete  record 
of  their  proceedings  under  this  act  relating  to  the  improvements  of  all 
public  roads  acted  upon  by  them ;  and  also  an  accurate,  separate  account 
of  receipts  and  expenditures  under  its  provisions ; 

[Payments  for  improvement.]  And  no  money  raised  for  the  im- 
provement of  such  roads  shall  be  drawn   from  the  treasurv  except  to 


LAWS   RELATING   TO   AGRICULTURE.  20&. 

pay  liabilities  already  accrued  and  then  only  in  pursuance  of  orders  issued 
by  said  road  commissioners  or  a  majority  of  them  while  in  session  as  a 
board  to  be  entered  upon  the  record  of  their  proceedings,  upon  a  yea 
and  a  nay  vote,  and  by  orders  drawn  in  pursuance  thereof  by  the  auditor 
of  the  county  and  in  favor  of  the  persons  only  to  whom  the  money 
is  due. 

(4757-10)  Sec.  10.  [Work  of  construction  let  on  bids;  notice.] 
When  such  road  commissioners  have,  by  resolution,  determined  to  im- 
prove a  designated  road  or  part  thereof,  the  work  of  its  construction, 
including  all  labor  and  material,  shall  be  by  them  publicly  let  to  the 
lowest  responsible  bidder,  after  due  notice  given  of  such  letting  by 
publication  in  one  or  more  newspapers  published  or  of  general  circula- 
tion in  such  road  district  and  by  posters  judiciously  posted. 

(4757-11)  Sec.  11.  [Division  of  roads  into  sections  for  purpose 
of  sale  of  work.]  For  the  purpose  of  letting  contracts  such  road  com- 
missioners shall  cause  each  road  about  to  be  improved  to  be  divided  into 
suitable  and  convenient  sections,  and  the  sections  shall  be  numbered  from 
the  point  of  beginning  toward  the  outer  line  of  such  road  district,  and 
the  same  shall  be  let  by  sections.  All  contracts  shall  be  let  upon  plans 
and  specifications  of  the  various  kinds  of  labor  required  upon  each 
section  and  also  the  materials  which  shall  enter  into  the  construction, 
of  the  same. 

[What  required  of  bidders.]  Bidders  shall  be  required  to  sepa- 
rately state  their  bids  for  each  class  of  work  in  such  manner  and  upon 
such  blank  forms  as  such  road  commissioners  may  require. 

(4757-12)  Sec  12.  [Contractor's  bond.]  Each  contractor  shall 
be  required  to  give  bond  in  amount  at  least  equal  to  the  contract  price 
with  sufficient  sureties  for  the  faithful  performance  of  his  contract, 
payable  to  the  state  of  Ohio  for  the  use  and  benefit  of  such  road  dis- 
trict, with  all  necessary  stipulations  on  the  part  of  the  contractor  to 
carry  out  the  provisions  of  such  contract,  the  form  of  such  contract 
and  bond  to  be  approved  by  the  prosecuting  attorney. 

(4757-13)  Sec  13.  [Superintendent  of  construction;  compen- 
sation.] Such  road  commissioners  may  select,  in  addition  to  the  civil 
engineer,  when  necessary,  a  superintendent  to  superintend  the  construc- 
tion of  such  improvement  whenever,  in  their  opinion,  such  civil  engineer- 
may  not  have  the  time  to  perform  such  duties,  whose  compensation  shall 
not  exceed  four  dollars  per  day  for  the  time  actually  employed  and  in 
any  event  not  more  than  one  hundred  dollars  per  month. 

[How  payments  made.]  No  payments  for  work  or  material  shalf 
be  made  except  upon  the  estimates  made  by  the  engineer  in  charge,  and 
by  him  duly  certified  of  work  actually  performed  and  the  materials- 
actually  furnished,  and  after  reserving  such  per  cent.,  not  less  than  ten, 
as  may  be  fixed  by  the  parties  to  the  contract  to  guarantee  the  perform- 
ance thereof,  and  approved  by  the  board  of  road  commissioners  or  a 
majority  thereof. 

(4757-14)     Sec.  14.     [Roads  improved  to  be  free  turnpikes;  width 
of    improved    road;    trustees    may    regulate    width    of    tires.]     All 

roads  improved  under  the  provisions  of  this  act  shall  be  free  turnpikes, 
nor  shall  any  road  be  improved  under  the  provisions  of  this  act  which 
is  less  than  forty  feet  in  width,  and  the  trustees  of  any  township  within 
such  road  district  shall  have  the  power  to  regulate  the  width  of  tires  to- 


204  LAWS   RELATING  TO  AGRICULTURE. 

be  used  on  such  roads  as  is  conferred  upon  county  commissioners  in 
section  4904  of  the  Revised  Statutes,  and  the  penalties  provided  by 
section  4905  of  said  statutes  shall  be  applicable  and  imposed  for  any 
violation  of  the  rule  adopted  by  such  trustees  to  regulate  travel  upon 
such  improved  roads. 

(4757-15)  Sec.  15.  [Oath  and  bond  of  superintendent  and  engi- 
neer.] Such  superintendent  and  engineer,  before  entering  upon  their 
duties,  shall  take  and  subscribe  to  an  oath  of  office,  and  shall  give  bond 
in  the  sum  of  three  thousand  dollars  each,  payable  to  the  state  of  Ohio, 
for  the  use  and  benefit  of  such  road  district,  conditioned  that  they  will 
faithfully  and  honestly  discharge  their  duties  all  and  singular  as  super- 
intendent and  engineer  of  improved  roads  of  such  road  district. 

(4757-16)  Sec.  16.  [Bonds.]  For  the  purpose  of  providing  the 
money  necessary  to  meet  the  expense  of  improving  said  roads  the  said 
board  of  road  commissioners,  if  in  their  opinion  it  be  advisable,  shall 
issue  bonds  of  such  road  district,  payable  at  such  times  as  they  may 
determine,  not  exceeding  fifteen  years,  in  sums  of  five  hundred  to  one 
thousand  dollars  each,  bearing  interest  at  a  rate  not  exceeding  six  per 
cent,  per  annum,  payable  semi-annually.  But  such  bonds  shall  not  be 
sold  for  less  than  their  par  value,  and  the  aggregate  amount  of  the 
bonds  of  any  such  road  district  at  any  one  time  outstanding  shall  not 
exceed  one  hundred  and  fifty  thousand  dollars. 

[Advertisement  of  sale.]  The  sale  of  all  such  bonds  shall  be  ad- 
vertised for  at  least  thirty  days  in  two  newspapers  in  such  county,  and 
the  secretary  of  such  board  shall  send  marked  copies  of  such  advertise- 
ment to  at  least  ten  leading  bond  buyers  in  the  state  or  other  states, 
and  such  bonds  shall  be  sold  to  the  highest  bidder.  Said  road  commis- 
sioners shall  have  the  right  to  reject  any  and  all  bids. 

(4757-17)  Sec.  17.  [Levy  to  provide  payment  of  improvement 
and  redemption  of  bonds.]  When  the  commissioners  of  any  such 
road  district  have  determined  to  improve  any  road  or  roads  as  herein 
provided,  in  order  to  provide  for  the  payment  of  such  improvement  and 
to  provide  for  the  funds  for  the  redemption  of  the  bonds  issued  by 
them  under  the  provisions  of  this  act,  together  with  the  interest  thereon, 
they  shall  report  the  same  to  the  county  commissioners  who,  in  addi- 
tion to  the  other  road  taxes  authorized  by  law,  shall  levy  annually, 
upon  each  dollar  of  the  valuation  of  all  the  taxable  property  of  said  road 
district,  an  amount  not  exceeding  three  mills  upon  each  dollar  of  such 
valuation,  and  shall  continue  such  levy  from  year  to  year,  until  all  the 
roads  by  such  commissioners  designated  for  improvement  have  been 
improved  as  herein  provided,  and  the  bonds  issued  for  that  purpose, 
together  with  the  interest  thereon,  have  been  paid. 

(4757-18)  Sec.  18,  [Commissioners  to  certify  levy  to  county 
auditor.]  Such  county  commissioners  of  any  such  county  shall  cause 
the  amount  of  the  taxes  by  them  levied  each  year,  under  this  act,  to  be 
certified  to  the  auditor  of  the  county  in  which  it  is  located  as  other 
taxes  are  certified  to  him,  and  the  same  shall  be  by  him  placed  upon 
the  duplicate  of  taxable  property  of  such  road  district,  including  all 
cities  and  villages  therein  situated,  and  the  same  shall  be  collected  by 
the  county  treasurer  in  like  manner  as  other  taxes  are  kept. 

(4757'19)  Sec.  19.  [Repair  of  roads.]  Such  roads  so  improved 
in  said  road  district  shall  be  kept  in  repair  under  the  general  statute  as 
other  roads  are  now  repaired. 


LAWS   RELATING  TO  AGRICULTURE.  205 

(4757-20)     Sec.  20.     [Receipts  and  disbursements  of   moneys.] 
The  treasurer  of  the  county  in  which  any  such  road  district  is  situated, . 
shall  receive  and  disburse  all  moneys  arising  from  the  provisions  of 
this  act  on  certificate  and  orders  as  herein  provided. 

(4757-21)     Sec.  21.     [Duty  of  prosecuting  attorney.]    The  pros- 
ecuting attorney  shall  be  the  legal  adviser  of  such  board  and  approve 
all  forms  of  contracts  and  bonds  and  approve  all.  proceedings  of  such- 
board. 


TURNPIKES. 


Sec.  4758.  [When  and  where  commissioners  may  build  turn- 
pikes; repairs  by  commissioners  of  streets  in  municipalities.]  The 
county  commissioners  of  any  county,  when  they  become  satisfied  that 
the  public  interest  of  their  county  demands  and  justify  special  action  for 
the  improvement  of  the  roads  therein,  may  appoint  three  disinterested 
freeholders  of  their  county  as  commissioners,  to  view,  survey  and  locate 
one  or  more  roads,  beginning  at  and  leading  from  the  county  seat  of 
the  county,  or  such  other  and  eligible  points  as  may  be  deemed  proper, 
and  running  by  such  direct  and  eligible  route  as  they  may  find  best  for 
the  public  convenience,  and  terminating  at  any  point  within  or  at  the 
county  line;  but  they  are  not  authorized  or  required  to  construct  any 
such  road  within  the  corporate  limits  of  the  town  or  city  where  the 
county  seat  is  located,  when  according  to  the  last  federal  census,  more 
than  one  thousand  inhabitants  are  contained  in  such  corporate  limits; 
and  for  the  purpose  of  improving  and  repairing  those  streets  in  such 
towns  or  cities  as  are  a  continuation  through  the  same,  of  the  roads 
heretofore  improved  under  the  provisions  of  this  section,  the  county 
commissioners  shall  cause  to  be  expended,  in  the  manner  prescribed  by 
law  for  repairing  such  roads,  so  much  of  the  tax  collected  therein  for 
turnpike  purposes  as  may  be  necessary  to  keep  such  streets  in  good; 
repair. 

Sec.  4759.     [The  manner  in  which  the  road  must  be  constructed.} 

The  roads  established  and  constructed  under  this  chapter  shall  be 
opened  not  more  than  sixty  nor  less  than  forty  feet  wide,  and  at  least 
twenty  feet  in  width  shall  be  turnpiked  with  earth  so  as  to  drain  freely 
to  the  sides,  and  raised  with  stone  or  gravel  not  less  than  ten  nor  more 
than  sixteen  feet  in  width,  nor  less  than  twelve  inches  thick  in  the 
center,  and  not  less  than  eight  inches  thick  at  the  outer  edges  of  such 
bed  of  stone  or  gravel,  well  compacted  together  in  such  manner  as  to- 
secure  a  firm,  even  and  substantial  road;  but  the  commissioners  may, 
in  their  discretion,  cause  the  road  to  be  constructed  wholly  of  earth, 
when  stone  or  gravel  is  not  accessible  to  the  line  of  the  road ;  in  no  case 
shall  the  grade  of  ascent  or  descent  on  the  road  be  greater  than  seven- 
degrees:  the  road  shall  be  well  provided  with  all  necessary  side  drains, 
waste-ways,  and  underdraining,  to  prevent  overflowing  or  washing  by 
water,  and  with  substantial  bridges  or  culverts  at  all  crossings  of  water- 
courses ;   and  such  roads  shall  be  free  to  the  public  for  travel. 

Sec.  4760.  [Powers  of  county  commissioners.]  The  county- 
commissioners  may  authorize  the  commissioners  by  them  appointed  to- 
call  to  their  assistance  the  county  surveyor,  with  the  necessary  and  proper 
assistance  to  lay  out,  survey  and  locate  such  turnpike  road  through  or 
upon  any  improved  or  unimproved  lands,  on  the  best,  route  between  the 


:2Q6  LAWS    RELATING   TO    AGRICULTURE. 

point  of  beginning  and  termination,  and  to  obtain  by  grant,  or  take 
propositions  for  the  purpose  from  the  owners  of  land  over  which  the 
road  will  pass,  the  right  of  way,  and  to  take  timber  and  other  materials 
necessary  to  the  construction  and  repair  of  the  same. 

Sec.  4761.  [Compensation;  filing  amount  to  save  costs;  locating 
over  other  roads.]  When  said  commissioners  and  the  owner  or  own- 
ers fail  to  agree  as  to  the  amount  of  compensation  and  damages,  then 
the  same  shall  be  ascertained  and  determined  by  the  board  of  county 
commissioners,  and  if  said  board  of  county  commissioners  and  the  owner 
or  owners  fail  to  agree  as  to  the  compensation  and  damages,  or  when 
the  owner  is  unknown,  non-resident,  or  incapable  of  contracting,  then 
the  same  shall  be  ascertained  and  adjusted  by  proceedings  had  in  the 
name  of  the  county  commissioners,  under  ,the  law  providing  for  the  ap- 
propriation of  private  property  by  corporations  ;  provided,  however,  when 
any  owner  or  owners  not  unknown,  or  not  non-residents,  or  not  legally 
incapacitated  from  entering  into  a  contract,  and  said  commissioners  fail 
to  agree  as  aforesaid,  they  shall  cause  to  be  filed  with  the  proceedings 
brought  in  the  name  of  the  county  commissioners  the  amount  of  com- 
pensation and  damages  by  them  tendered  in  writing  to  such  owner  or 
owners,  and  unless  said  owner  or  owners  shall  be  allowed  by  the  jury 
in  said  proceedings  compensation  and  damages  in  excess  of  the  amount 
allowed  and  tendered  by  said  commissioners,  then  said  owner  or  owners 
shall  pay  all  costs  made  in  said  proceedings  in  the  name  of  the  board 
of  county  commissioners;  and  the  county  commissioners  may  authorize 
the  viewers  or  commissioners  by  them  appointed  to  locate  the  road  upon 
the  whole  or  any  part  of  any  state,  county,  or  township  road  heretofore 
laid  out  and  established  within  the  county,  and  widen,  alter,  change, 
or  vacate  the  same,  or  any  part  thereof,  subject  to  the  rules  as  to  com- 
pensation or  [for]  property  appropriated  as  aforesaid. 

Sec.  4762.  [County  commissioners  may  require  donations.]  Be- 
fore determining  upon  the  location  or  establishment  of  any  such  turn- 
pike road,  the  county  commissioners  may  require  donations  of  money, 
and  written  agreements  on  the  part  of  taxpayers  of  the  county  subject- 
ing their  taxable  property  to  taxation  annually,  to  aid  in  the  location 
-and  construction  of'  the  same  during  the  term  of  years  named  therein, 
and  at  the  rate  therein  specified,  which  agreements  shall  be  filed  and 
recorded  in  the  office  of  the  county  auditor,  and  from  the  time  of  such 
filing  and  recording  shall  operate  as  a  lien  upon  the  real  estate  of  the 
several  parties  joining  therein  as  donors  for  the  purpose  therein  pro- 
vided ;  all  revenues  derived  from  donations  in  money  and  taxation  shall 
be  kept  and  held  as  a  separate  fund  in  the  county  treasury,  and  shall 
be  applicable  only  to  the  purposes  of  locating  and  constructing  such 
turnpike  roads;  and  if  the  commissioners  determine  not  to  establish 
and  construct  such  road,  then  any  money  received  as  donations  shall 
be  refunded,  and  the  agreements  for  donations  by  taxation,  shall  be- 
come inoperative. 

Sec.  4763.  [Question  of  general  tax  for  turnpikes  must  be  sub- 
mitted to  electors.]  The  commissioners  shall  not  levy  any  general 
tax,  nor  appropriate  any  money,  except  so  far  as  may  be  necessary  to 
pay  the  expense  of  preliminary  surveys  already  commenced,  or  any  other 
liabilities  already  incurred,  to  be  expended  in  the  construction  of  such 
turnpikes,  without  first  submitting  to  the  qualified  voters  of  the  county 
.the  question  as  to  the  policy  of  constructing  such  roads  by  general  tax, 


LAWS    RELATING    TO    AGRICULTURE.  207 

which  submission  shall  be  made  at  any  annual  spring  or  fall  election  ; 
and  the  commissioners  shall  cause  public  notice  of  such  vote  to  be  given 
by  publication  in  all  the  newspapers  printed  and  of  general  circulation 
in  the  county,  and  also  by  causing  hand-bills  to  be  posted  up.  at  the 
usual  place  of  holding  elections,  in  each  township  and  ward  throughout 
the  county,  at  least  fifteen  days  prior  to  such  election ;  provided,  that  in 
any  county  in  which  such  question  has  heretofore  been  submitted, 
under  the  authority  of  an  act  entitled  "an  act  to  authorize  county  com: 
missioners  to  locate  and  construct  turnpike  roads,"  passed  April  30,  1869, 
and  acts  amendatory  thereto,  and  in  which,  at  such  election,  the  ma- 
jority of  the  votes  cast  were  in  favor  of  such  policy,  no  vote  shall  be 
again  required  to  authorize  the  commissioners  to  continue  such  tax 
and  improve  roads  as  provided  for  in  this  chapter. 

Sec.  4764.  [Conduct  of  the  election.]  The  judges  of  such  elec- 
tion in  the  several  townships  and  wards  in  any  county  in  which  such 
question  is  submitted,  and  such  notice  given,  as  aforesaid,  shall  open 
a  poll  for  taking  such  vote,  receive  and  count  the  ballots  cast,  and  within 
three  days  thereafter  return  to  the  auditor  of  the  county  a  full  and  cor- 
rect abstract  of  the  votes,  and  shall  in  all  respects  be  governed  by  the 
laws  regulating  general  elections,  and  be  entitled  to  the  same  compen- 
sation for  returning  the  poll-books,  which  shall  be  paid  out  of  the  county 
treasury  on  the  order  of  the  auditor ;  and  the  poll-books  so  returned 
shall,  within  five  days  from  the  day  of  holding  such  election,  be  opened, 
and  the  votes  counted  by  the  commissioners  and  auditor  of  the  county, 
and  a  correct  statement  of  the  result  shall  be  kept  by  the  auditor  on 
file  in  his  office  for  public  inspection. 

Sec.  4765.  [Question  may  be  again  submitted.]  If  at  such  elec- 
tion a  majority  of  the  votes  so  cast  be  against  the  policy  of  constructing 
such  turnpikes,  the  commissioners  shall  not  assess  any  tax  for  that 
purpose,  but  they  may,  on  petition  of  not  less  than  one  hundred  tax- 
payers of  the  county,  again  submit  the  same  question  at  any  regular 
annual  election,  either  in  the  spring  or  fall,  to  the  qualified  voters  of 
the  county,  notice  of  which  shall  be  given  and  the  election  conducted 
in  all  respects  in  the  manner  prescribed  in  the  two  preceding  sections. 

Sec.  4766.  [Effect  of  an  affirmative  vote.]  If  at  any  such  elec- 
tion a  majority  be  found  in  favor  of  the  construction  of  such  turnpikes, 
the  commissioners  may  proceed  to  levy  taxes,  issue  bonds,  and  appro- 
priate and  expend  money  in  the  construction  of  such  turnpike  roads, 
as  in  their  judgment  may  be  necessary  to  the  public  convenience,  and 
promotive  of  the  public  interest. 

Sec.  4767.  [When  an  assessment  may  be  made.]  When  the 
county  commissioners  receive  or  require  donations  of  money,  or  written 
agreements  on  the  part  of  taxpayers  subjecting  their  taxable  property 
to  taxation  annually,  to  aid  in  the  location  and  construction  of  such 
roads,  and  a  majority  of  the  taxpayers  within  the  boundaries  of  the  road 
sign  such  subscription  or  agreement,  the  commissioners  shall  there- 
upon be  authorized  to  levy  the  amount  thereof  upon  all  the  taxable 
property  within  the  boundaries  of  the  road,  according  to  the  benefits  to 
said  property,  taking  into  consideration  any  assessments  that  have  been 
heretofore  made ;  and  the  boundaries  of  the  road  shall  not  be  taken  to 
include  any  property  that  does  not  lie  within  two  miles  of  such  contem- 
plated improvement. 


208  LAWS   RELATING   TO   AGRICULTURE. 

Sec.  4768.  [When  a  tax  may  be  levied,  and  how  much.]  Upon 
the  location  and  establishment  of  any  such  turnpike  road  by  the  county 
commissioners,  and  after  an  affirmative  vote  by  the  electors,  they  may, 
for  the  purpose  of  aiding  in  the  construction,  and  to  provide  a  perma- 
nent fund  for  the  maintenance  and  expense  thereof,  levy  annually,  in  ad- 
dition to  other  road  taxes  authorized  by  law,  a  tax  for  turnpike  road 
purposes  of  not  more  than  four  mills  on  the  dollar  of  valuation  on  the 
grand  duplicate  of  taxable  property  in  the  county,  and  to  continue  such 
levy  from  year  to  year,  until  the  road  or  roads  which  have  been  com- 
menced are  completed. 

Sec.  4769.    [Restriction  of  the  levy ;  county  bonds  may  be  issued.] 

No  such  taxes  shall  be  levied  on  any  lands  which  have  heretofore  been 
assessed  for  the  construction  of  any  free  turnpikes,  or  improved  road 
or  roads,  already  constructed,  or  in  the  course  of  construction  at  the 
time  of  the  levy  of  the  tax  unless  the  amount  that  would  be  ratably  levied 
upon  such  lands  exceed  the  amount  of  such  assessment,  and  in  such 
case  such  excess  only  shall  be  levied  and  collected;  and  for  the  purpose 
of  raising  the  money  necessary  to  meet  the  expenses  of  such  improve- 
ments, the  county  commissioners  may,  if  in  their  opinion  the  same  be 
advisable,  issue  the  bonds  of  the  county,  payable  at  such  times  as  they 
may  deem  advisable,  with  interest  not  exceeding  the  legal  rate  per  an- 
num, payable  semi-annually,  and  which  bonds  shall  not  be  sold  for  less 
than  their  par  value. 

Sec.  4770.  [Records  to  be  kept,  and  how  payments  made.]  The 
commissioners  shall  cause  to  be  kept  by  the  county  auditor  a  full  record 
of  all  the  proceedings  in  the  location,  establishment,  and  construction 
of  the  road,  together  with  accurate  accounts  of  receipts  and  expendi- 
tures of  money  under  the  provisions  of  this  chapter ;  and  no  money  shall 
be  drawn  from  the  treasury  except  to  pay  liabilities  already  accrued, 
and  then  only  in  pursuance  of  orders  caused  by  the  commissioners  whilst 
in  session  as  a  board,  to  be  entered  upon  the  record  of  their  proceedings, 
and  by  orders  drawn  by  the  county  auditor,  upon  the  county  treasury, 
in  favor  of  the  persons  to  whom  such  money  is  due. 

Sec.  4771.  [Letting  the  work.]  The  work  of  the  construction 
of  such  roads  shall  be  let  publicly  by  the  county  commissioners  to  the 
lowest  responsible  bidder,  after  due  notice  given  of  such  letting  by  publi- 
cation in  one  or  more  newspapers  published  or  of  general  circulation  in 
the  county,  or  by  hand-bills,  or  both  ;  for  that  purpose  the  commissioners 
shall  cause  the  same  to  be  divided  into  convenient  sections,  and  each 
section  numbered  from  the  county  seat,  or  other  point  named  as  the 
place  of  beginning,  toward  the  termination,  and  shall  let  the  same  by 
sections,  with  proper  specifications  of  the  various  kinds  of  labor  re- 
quired on  each  section ;  and  bidders  shall  be  required  to  separately  state 
their  bids  for  each  class  of  work,  in  such  manner  as  the  commissioners 
shall  provide,  and  each  contractor  shall  be  required  to  give  bond,  with 
sufficient  sureties,  for  the  performance  of  his  contract,  payable  to  the 
countv  commissioners,  for  the  use  and  benefit  of  the  county,  and  with 
the  necessary  specifications  and  stipulations  on  the  part  of  the  con- 
tractor inserted  therein. 

Sec.  4772.  [Payments  to  be  made  on  estimates.]  In  all  cases 
the  construction  of  such  roads  shall  commence  at  the  point  of  begin- 
ning, and  no  payment  for  work  or  material  shall  be  made  except  upon 
estimates  made  by  the  surveyor  or  engineer  employed  by  the  commis- 


LAWS   RELATING   TO   AGRICULTURE.  209 

sioners,  and  by  him  duly  certified,  of  work  actually  done  or  materials 
actually  furnished,  or  both,  and  after  reserving  such  per  cent,  as  may  be 
fixed  by  the  parties  to  the  contract,  to  guarantee  performance  of  the 
same. 

Sec,  4773.  [Compensation  of  viewers,  etc.]  The  viewers,  sur- 
veyor or  engineer,  and  their  assistants,  shall  be  entitled  to  receive  the 
same  compensation  for  their  services  required  under  the  provisions  of 
this  chapter,  as  is  now  allowed  by  law  in  the  construction  of  county  roads. 

(4773-1)  Sec.  1.  [Construction  of  free  turnpikes  by  county 
commissioners.]  Whenever  a  majority  of  the  landowners  along  any 
contemplated  route,  having  given  notice  for  thirty  days  by  publication 
in  some  newspaper  published  in  the  county  of  their  intention  so  to  do, 
shall  present  their  petition  to  the  board  of  county  commissioners  of  any 
county  praying  for  the  establishment  and  construction  of  a  free  turn- 
pike road  along  such  contemplated  route,  designating  in  the  petition 
the  place  of  beginning  and  terminus  of  such  proposed  road, 

[Employment  of  engineer.]  The  commissionsers  of  such  county, 
if  they  deem  the  construction  of  such  road  advisable  and  of  general  pub- 
lic interest,  are  hereby  authorized  to  call  to  their  assistance  a  competent 
engineer  who,  with  them,  shall  determine  the  line  of  location  of  such 
road  connecting  the  beginning  and  terminus  points  designated,  and  the 
width  of  the  road  which  shall  not  be  less  than  thirty  feet  nor  more  than 
sixty  feet  ; 

[Engineer  to  furnish  plans,  etc.]  And  said  engineer  shall  de- 
termine the  full  cost  and  expense  of  making  said  improvement,  and 
furnish  plans,  profile  and  specifications  for  the  construction  thereof. 

(4773-2)  Sec.  2.  [Security  for  cost;  order  of  commissioners.] 
Upon  the  payment  into  the  county  treasury  of,  or  securing  by  proper 
bond  to  the  state  of  Ohio  for  the  use  of  the  county  to  the  approval  of 
the  commissioners  for  the  payment  of  twenty  per  cent,  of  the  total  cost 
of  construction  of  said  road,  which  cost  shall  include  the  cost  of  engi- 
neering, superintending,  grading,  macadamizing,  and  culverting  said 
road,  the  said  county  commissioners  are  authorized  to  order  the  con- 
struction thereof. 

(4773-3)  Sec.  3.  [Rights  of  way;  how  obtained.]  Unless  said 
road  be  constructed  along  some  public  highway,  the  petitioners  therefor 
shall  procure  and  furnish  to  the  county,  free  of  charge,  grants  of  the 
right  of  way  therefor.  But  if  such  grants  and  right  of  way  cannot  be 
obtained  by  the  petitioners  over  any  tract  or  tracts  of  land,  the  county 
commissioners,  after  ordering  the  construction  of  said  road,  may  condemn 
the  right  of  way  over  such  tract  or  tracts  of  lands, 

[Cost  of  condemnation  proceedings  to  be  paid  by  petitioners.] 
The  costs  and  expenses  of  which  proceedings  and  the  amount  to  be  paid 
as  a  compensation  for  the  land  appropriated  and  the  damages  sustained 
by  reason  thereof  shall  be  paid  by  the  petitioners  for  said  road,  and  the 
right  of  way  secured  to  said  county  free  of  charge  to  it  before  any  contract 
for  the  construction  of  said  road  shall  be  entered  into  or  any  work  thereon 
shall  be  done.  And  if  the  same  be  not  paid  within  a  time  fixed  by  the 
countv  commissioners,,  and  said  right  of  way  secured  to  the  county  free 
of  charge  to  it,  their  order  authorizing  the  construction  of  such  road  shall 
thenceforth  be  invalid. 

14    f.  h.  B. 


210  LAWS   RELATING   TO   AGRICULTURE. 

(4773-4)  Sec.  4.  [What  laws  apply  to  construction  of  such 
turnpikes.]  All  of  the  provisions  of  the  general  laws  of  this  state 
for  the  construction  of  free  turnpikes,  and  the  condemnations  of  rights 
of  way,  and  of  materials  shall  be  applicable  in  this  act  when  not  herein 
specially  otherwise  provided  for. 

(4773-5)  Sec.  5.  [Levy  to  pay  cost  of  construction;  bonds.] 
The  commissioners,  for  the  payment  of  eighty  per  cent,  of  the  total  cost 
of  said  road,  shall  levy  a  tax  not  exceeding  two  mills  on  the  dollar 
upon  all  the  taxable  property  of  the  county,  and  if  they  deem  it  advisable 
may  issue  bonds  for  said  payment,  which  shall  be  payable  in  not  more 
than  five  years,  and  to  bear  not  exceeding  six  per  cent,  interest  per 
annum,  interest  payable  semi-annually ;  but  bonds  so  issued  shall  not 
be  sold  for  less  than  their  par  value. 


ONE-MILE  ASSESSMENT  PIKES. 

Sec.  4774.  [Petition  for  free  turnpike,  and  notice  of  application.] 
Free  turnpike  roads  shall  be  authorized,  and  commissioners  appointed  to 
lay  out  and  establish  the  same  in  the  following  manner:  a  majority  of 
all  the  landholders  residing  in  the  county,  who  own  lands  lying  within  the 
bounds  of  any  free  turnpike,  as  provided  in  this  chapter,  shall  present  a 
petition  to  the  board  of  county  commissioners  at  any  regular  or  special 
session,  asking  the  appointment  of  commissioners  to.  lay  out  and  establish 
a  free  turnpike  road  between  any  points  within  such  county,  and  stating 
therein  that  they  desire  the  county  commissioners  to  levy  an  extra  tax, 
the  amount  of  which  shall  not  exceed  ten  mills  on  the  dollar  valuation 
in  any  year,  on  the  lands  and  taxable  property  within  the  bounds  of  the 
road,  and  also  the  number  of  years  they  desire  the  levy  to  continue,  not 
exceeding  eight  years ;  and  they  shall  satisfy  the  commissioners  that  public 
notice  has  been  given  by  advertisement  in  some  newspaper  of  general 
circulation  in  such  county,  of  such  intended  application,  for  at  least  four 
consecutive  weeks  preceding  the  hearing  of  such  application. 

Sec.  4775-  [Appointment  of  road  commissioners.]  Thereupon 
the  commissioners  shall  appoint  three  judicious  freeholders  of  the  county 
resident  within  the  bounds  of  said  road,  to  be  commissioners  of  such  free 
turnpike  road,  who,  by  the  name  fixed  by  the  county  commissioners,  shall 
oe  a  body  corporate,  for  the  purpose  of  laying  out  and  establishing  a 
free  turnpike  road  between  the  points  within  such  county  named  in  the 
petition,  and  the  county  commissioners  shall  appoint  such  persons  to  be 
commissioners  of  such  free  turnpike  road  as  may  have  been  recommended 
by  petition  of  a  majority  of  the  land  owners  if  any  such  recommendations 
oe  so  made;  the  petition,  and  the  appointment  of  such  commissioners, 
shall  be  entered  upon  the  minutes  of  the  proceedings  of  the  board  of 
county  commissioners,  and  a  certified  copy  of  such  entry  furnished  to 
the  .road  commissioners,  by  the  clerk  of  the  board,  upon  demand  therefor; 
and  the  board  of  county  commissioners  may  remove,  for  cause,  any  or  all 
of  the  commissioners  of  any  free  turnpike  road,  when  petitioned  so  to  do, 
by  a  majority  of  all  the  land  owners  residing  within  the  county,  who 
own  lands  within  the  bounds  of  such  road;  but  on  the  removal  of  any 
such  commissioners,  the  vacancy  shall  be  at  the  same  time  filled  by  the 
appointment  of  some  other  free  holder  of  the  county;  and  the  commis- 
sioners shall  appoint  such  persons  as  may  have  been  recommended  by 
petition  of  a  majority  of  the  land  owners  if  any  such  recommendation  be 
so  made. 


LAWS   RELATING  TO  AGRICULTURE.  211 

Sec.  4776.  [Road  to  be  laid  out,  and  returns  to  county  commis- 
sioners.] The  commissioners,  so  appointed  by  the  board  of  county 
commissioners,  and  who  qualify  as  hereinafter  provided,  shall,  within  a 
reasonable  time,  proceed  to  lay  out  and  establish  such  free  turnpike  road 
within  the  points  named  in  the  petition,  and  as  soon  thereafter  as  the 
same  can  be  done  return  to  the  board  of  county  commissioners  a  map 
and  profile  of  such  road,  including  upon  the  map,  as  near  as  can  be  done, 
the  names  of  the  landowners  whose  property  may  be  liable  to  be  taxed  for 
its  construction,  as  hereinafter  provided,  together  with  a  statement  of 
the  probable  cost  of  building  and  completing  the  road. 

Sec.  4777.  [Levy  of  taxes  to  construct  and  repair  one-mile  as- 
sessment pikes.]  The  board  of  county  commissioners  shall  immedi- 
ately thereafter  transmit  to  the  auditor  of  the  county  said  map,  profile 
and  statement  as  returned  to  them  by  the  road  commissioners,  and  shall 
at  the  same  time  direct  the  auditor  to  levy  upon  the  grand  duplicate  of 
the  county,  for  the  purpose  of  constructing,  improving  and  repairing  such 
road,  the  amount  of  the  tax,  and  for  the  number  of  years  petitioned  for; 
and  the  auditor  shall  enter  the  same  upon  the  duplicate  for  collection,  on 
all  the  lands  and  taxable  property  within  the  bounds  of  the  road,  as  laid 
out  and  established,  in  the  same  manner  and  subject  to  the  same  penalties 
and  forfeitures  as  other  taxes  are  entered  thereon  for  purposes  of  col- 
letcion ;  but  no  such  tax  shall  be  levied  for  an  amount  or  for  a  term  of 
years  greater  than  that  set  forth  in  the  petition,  unless  the  petition  be 
renewed,  or  the  county  commissioners  order  an  extension  of  the  levy 
for  the  purposes  stated  in  section  forty-eight  hundred  and  twelve,  and 
when  an  extension  of  the  tax  is  granted  on  petition,  such  tax  shall  be 
levied  for  any  number  of  years  that  may  be  set  forth  in  the  petition  as, 
when  added  to  the  first  levy,  will  not,  in  the  aggregate,  exceed  ten  years. 

Sec.  4778.  [Abatement  of  taxes.]  If  at  any  time  after  the  first 
levy  is  made,  the  commissioners  of  any  free  turnpike  road  are  satisfied 
that  the  road  can  be  built  with  a  less  sum  than  is  provided  in  the  preceding 
section,  the  auditor  shall,  on  the  order  of  the  commissioners  of  the  road, 
reduce  the  extra  tax,  or  abate  it  entirely. 

Sec.  4779.  [Collection  of  tax;  definitions.]  The  county  treas- 
urer shall  collect  the  extra  tax  in  the  same  manner  as  state  and  county 
taxes  are  collected ;  provided,  that  the  words  "'bounds  of  the  road,"  and 
"line  of  the  road,"  wherever  used  in  this  chapter,  shall  be  held  to  include 
so  much  land  on  either  side  of  such  road  as  may  be  charged  with  such 
extra  tax. 

Sec.  4780.  [Bond  and  oath  of  road  commissioners.]  The  road 
commissioners  shall  severally  execute  a  bond  payable  to  the  state,  for 
the  use  of  the  county  in  which  the  road  is  located,  with  good  and  suffi- 
cient sureties,  to  be  approved  by  the  board  of  commissioners  of  the  county, 
and  in  such  sum  as  the  board  think  proper,  conditioned  for  the  faithful 
performance  of  their  duties  as  such  road  commissioners,  and  shall  more- 
over each  take  an  oath  faithfully  and  honestly  to  discharge  their  duties, 
before  they  shall  be  authorized  to  do  or  perform  any  matter  or  thing 
under  this  chapter;  and  the  commissioners  after  qualifying  shall  imme- 
diately meet,  and  organize  their  board  by  choosing  one  of  their  number 
as  president  thereof,  and  within  a  reasonable  time  thereafter  proceed  to 
view,  locate,  and  establish  such  free  turnpike  road,  in  the  manner  pro- 
vided in  this  chapter. 


212 


LAWS    RELATING   TO   AGRICULTURE. 


Sec.  4781.     [Powers  and  duties   of  road   commissioners.]     The 

road  commissioners  may  appoint  superintendents,  and  such  other  agents 
as  they  may  deem  necessary  to  carry  into  effect  the  provisions  of  this 
chapter;  a  majority  shall  be  a  quorum,  and  have  power  to  transact  any 
business  and  exercise  any  power  devolving  upon  or  intrusted  to  them 
by  this  chapter,  and  they  shall  keep  a  record  of  their  proceedings,  which 
shall  at  all  times  be  open  for  inspection,  by  any  person  interested,  or 
desiring  to  inspect  the  same. 

Sec.  4782.  [Further  powers  of  such  commissioners.]  The  com- 
missioners may  receive  subscriptions  and  donations,  in  money,  or  real 
or  personal  property,  which  shall  be  applied  to  the  construction  of  the 
road;  they  may  make  contracts  for  constructing  the  road  in  a  solid  and 
durable  manner,  and  keeping  the  same  in  repair ;  they  may  open  and 
finish  the  road  in  the  first  instance,  along  such  portions  of  the  line 
thereof  as  are  available  for  travel  or  transportation ;  they  may  purchase 
and  procure  all  necessary  implements  and  fixtures  to  preserve  the  road, 
and  contract  for  and  purchase  such  stone,  gravel,  and  other  material 
as  may  be  necessary  for  its  construction  and  repair ;  and  if  the  commis- 
sioners and  owners  of  such  material  can  not  agree  on  a  price  deemed  fair 
and  reasonable,  the  commissioners  may  apply  to  the  judge  of  the  pro- 
bate court  of  the  county  to  appoint  appraisers  to  assess  the  value  of  such 
material. 

Sec.  4783.  [Assessment  of  damages  for  material  taken,  etc.]  On 
the  filing  of  such  application  the  probate  judge  shall  appoint  three  dis- 
interested freeholders,  who,  after  being  duly  sworn  to  impartially  assess 
the  value  of  the  material,  or  any  part  thereof,  shall  enter  upon  the 
premises  of  the  owner  of  such  materials,  and  assess  the  value  thereof, 
and  the  damages  that  will  accrue  to  the  owner  by  the  removal  thereof 
through  his  premises,  and  within  ten  days  after  appointment  return  their 
award  to  the  court ;  thereupon  the  probate  judge  shall  require  the  commis- 
sioners to  pay  for  or  give  security  for  the  payment  of  all  material  to  be 
taken,  and  damages  done  to  the  owner  of  the  premises,  and  in  ten  days 
after  the  return  of  the  award,  on  application  of  the  commissioners,  fur- 
nish them  a  copy  of  the  same ;  and  they  may  thereupon  enter  upon  the 
lands,  either  inclosed  or  uninclosed,  and  remove  such  stone,  gravel,  or 
other  materials,  unless  an  appeal  has  been  taken  as  provided  in  the  next 
section. 

Sec.  4784.  [Appeal  from  the  assessment.]  An  appeal  from  the 
decision  of  the  appraisers  may  be  taken  by  either  party  to  the  court  of 
common  pleas,  within  twenty  days  after  the  rendering  of  the  award, 
upon  the  appellant  entering  into  an  undertaking  to  the  adverse  party, 
in  a  sum  not  less  than  fifty  dollars,  and  in'  all  cases  not  less  than  double 
the  amount  of  such  award. 

Sec.  4785.      [Road   commissioners  may  sell  donated  land.]   The 

commissioners  may  receive  donations  of  land  to  aid  in  the  construction 
of  the  road,  and  sell  and  convey  the  same  in  fee  simple,  and  thev  mav 
take  releases  of  the  right  of  way. 

Sec.  4786.  [Upon  what  property  taxes  to  be  assessed.]  Extra 
taxes,  when  levied  as  hereinbefore  provided,  shall  be  on  real  and  personal 
property  within  one  mile  on  each  side  of  the  free  turnpike  road,  except 
where  any  road  improvement  or  free  turnpike  road,  or  anv  toll  road,  or 
unimproved  state  or  county  road,  being  unconnected  with  the  same,  runs 
upon  either  side  of  such  proposed  road,  within  less  than  two  miles,  then 


LAWS   RELATING   TO   AGRICULTURE.  213 

the  extra  taxes  shall  only  be  levied  upon  such  lands  and  personal  property 
as  he  within  one-half  the  distance  of  such  roads. 

Sec.  4787.      [No   division  of  territory  or  taxation  to  be  made.] 

No  division  of  territory,  or  division  of  taxation  of  lands  or  personal 
property,  shall  be  made  with  any  other  road  improvement,  free  turnpike 
road,  or  state  or  county  road,  except  as  herein  provided  for,  nor  with 
any  township  road;  but  if  the  road  commissioners  report  to  the  county 
commissioners  that  the  extra  taxes  levied  within  the  bounds  of  the  road 
are  insufficient  to  make  a  good  and  substantial  road,  the  county  com- 
missioners, if  in  their  opinion  the  public  interest  requires  it,  may  order 
the  road  commissioners  to  extend  the  bounds  of  the  free  turnpike  road 
to  one  mile  on  either  side  of  the  same,  when  a  majority  of  the  resident 
landowners  owning  land  within  the  bounds  of  the  territory  proposed  to 
be  extended  sign  a  petition  therefor ;  but  if  a  turnpike  road  runs  upon 
either  side  of  such  free  turnpike  road,  within  less  than  two  miles,  the 
taxes  shall  be  levied  upon  such  lands  and  personal  property  as  lie  within 
one-half  the  distance  of  such  roads. 

Sec.  4788.      [How   township   road   tax   and   labor   applied.]      So 

much  of  the  taxes  annually  levied  for  road  purposes  by  the  trustees  of 
township  [s],  which  may  be  collected  within  the  bounds  of  any  free  turn- 
pike road,  including  the  two  days'  labor  authorized  by  law,  shall  be 
applied  in  the  construction  and  repair  of  the  road,  under  the  direction 
of  the  road  commissioners,  or  their  agents,  until  the  road  is  completed. 

Sec.  4789.  [When  trustees  fail  to  apportion  road  labor.]  If,  be- 
fore the  completion  of  the  road,  the  trustees  fail  to  direct  the  supervisors 
of  any  road  district,  the  whole  or  any  part  of  which  is  within  the  bounds 
of  any  free  turnpike  road,  to  apportion  the  labor  provided  for  in  the 
preceding  section,  annually,  before  the  first  day  of  May,  and  to  give 
notice  thereof  in  writing  to  the  commissioners  aforesaid,  then  all  persons 
liable  to  do  two  days  labor,  annually,  on  the  public  highways,  residing 
within  the  bounds  of  any  free  turnpike  road,  shall  do  the  same  under  the 
direction  of  the  commissioners  or  agents  of  such  road. 

Sec.  4790.  [When  road  work  to  be  done.]  All  such  persons 
shall  perform  such  labor,  after  being  notified  three  days  previous  to  the 
time  of  doing  the  same,  between  the  first  day  of  April  and  the  first  day 
of  July ;  but  they  may  pay  to  the  superintendent  the  sum  of  three  dollars, 
in  lieu  of  said  two  days'  work,  if  paid  when  notified  to  do  the-  work ; 
and  in  case  of  refusal  or  neglect  to  do  the  same,  the  person  so  offending 
shall  pay  a  fine  of  one  dollar,  and  shall  further  be  liable,  in  case  of  non- 
attendance,  to  the  amount  allowed  for  two  days'  work,  to  be  collected 
by  the  road  commissioners,  in  the  same  manner  that  supervisors  are 
authorized  to  collect  in  similar  cases. 

Sec.  4791.  [Road  tax  paid  into  county  treasury  to  be  refunded.] 
So  much  of  the  taxes  mentioned  in-  the  preceding  section  which  is  not 
discharged  in  labor,  and  which  is  paid  into  the  county  treasury,  shall  be 
paid  by  the  treasurer,  upon  the  warrant  of  the  county  auditor,  to  road 
commissioners,  to  be  expended  by  them  [in]  constructing  such  free  turn- 
pike road  ;  when  two  or  more  free  turnpike  roads  cross  each  other,  the 
countv  commissioners  of  any  county  through  or  in  which  any  such  rn'uls. 
or  any  part  thereof,  may  be  located,  may  make  such  equitable  divi 
or  apportionment  of  the  taxes,  other  than  extra  taxes,  among  such  r 
as  they  deem  proper,  the  same  to  be  discharged  in  labor,  under  the  direc- 


214 


LAWS   RELATING   TO   AGRICULTURE. 


tion  of  the  road  commissioners,  or  paid  to  them  in  money,  as  hereinbefore 
provided. 

Sec.  4792.  [Road  commissioners  to  make  annual  settlement.] 
The  road  commissioners  shall,  annually,  on  the  first  Monday  in  December, 
make  a  full  settlement  with  the  county  commissioners  of  the  several 
counties  in  or  through  which  their  respective  roads  are  located,  and 
shall  file  with  them  a  statement  of  all  their  receipts  and  expenditures 
'within  the  county,  and  deposit  a  copy  thereof  in  the  auditor's  office  of 
the  county. 

Sec.  4793.  [Settlement  to  be  enforced  by  action.]  Should  such 
commissioners  fail  to  make  settlement  as  provided  by  the  preceding  sec- 
tion, the  county  commissioners  shall,  at  the  next  term  of  the  court  of 
common  pleas,  of  the  county,  cause  an  action  to  be  instituted  against  them 
in  the  corporate  name  of  the  road,  to  enforce  such  settlement. 

Sec.  4794.  [Duplicate  is  prima  facie  evidence.]  Such  action 
shall  be  conducted  by  the  prosecuting  attorney  of  the  county,  and  such 
delinquent  commissioners  shall  be  held  prima  facie  liable  for  the  full 
amount  of  taxes  and  money  which  were  applicable  to  the  construction 
of  the  road  as  the  same  appears  upon  the  tax  duplicate  of  the  county; 
and  in  all  cases  judgment  shall  be  rendered  against  them  for  all  the 
costs  of  the  suit. 

Sec.  4795.  [The  road  commissioners  are  a  body  corporate.]  The 
road  commissioners  and  their  successors  shall  be  a  body  corporate,  under 
such  name  as  the  commissioners  of  the  county  may  designate,  tor  the 
purpose  of  carrying  into  effect  the  provisions  of  this  chapter ;  they  shall 
prosecute  for  all  obstructions  to  the  road,  or  for  injuries  done  to  the 
same,  or  to  bridges  thereon ;  the  amount  recovered  in  each  case  shall  be 
the  amount  of  damages  actually  found  by  the  court  or  jury,  and  the 
interest  thereon ;  and  in  all  cases  the  commissioners  shall  have  a  right 
to  sue,  either  before  a  justice  of  the  peace,  or  in  the  court  of  common 
pleas  of  the  county,  as  in  other  cases,  and  the  amount  so  collected  in  each 
case  shall  be  used  for  the  benefit  of  the  road,  and  be  paid  over  to  the 
commissioners. 

Sec.  4796.  [One-mile  assessment  pike  must  be  accepted  by 
county  commisioners.]  When  the  road  commissioners  deem  they 
have  their  road  completed  in  a  good  substantial  manner,  by  the  bridges 
aud  culverts  thereon  having  been  built,  and  the  road  macadamized,  they 
may  make  application  to  the  board  of  county  commissioners  to  receive 
the  same;  the  county  commissioners  shall,  within  a  reasonable  time  after 
the  filing  of  such  application,  proceed  upon  actual  view  to  examine  the 
same,  and  if,  upon  such  examination,  it  be  their  opinion  that  such  road 
is  in  suitable  condition  to  be  received  as  completed,  they  may  receive 
the  same,  and  such  road  may  be  kept  in  repair  as  provided  in  chapter 
ten ;  and  when  the  free  turnpike  road  has  been  completed  and  received 
by  the  county  commissioners,  they  shall  enter  such  finding  upon  their 
journal,  and  the  county  auditor  shall  certify  such  finding  to  the  trustees 
of  the  several  townships  through  which  any  part  or  all  of  the  road  runs, 
giving  the  name  and  description  of  the  same :  and  when  such  road  is 
paid  for,  and  its  bonds  and  coupons,  if  bonds  have  been  issued  thereon, 
shall  have  been  redeemed,  the  road  commissioners  shall,  by  order  of  the 
county  commissioners,  cease  to  be  a  body  corporate. 

Sec.  4797.  [Pay  of  officers,  and  vacancies.]  The  commissioners, 
superintendents,  and  agents  of  the  road  shall  be  allowed  one  dollar  and 


LAWS    RELATING   TO   AGRICULTURE.  215 

fifty  cents  per  day  for  every  day  actually  employed  on  the  business  of 
the  road;  and  when  any  vacancy  occurs  in  the  board  of  commissioners 
by  death,  resignation,  or  otherwise,  the  commissioners  of  the  county 
shall,  when  notified  thereof,  fill  the  same. 

Sec.  4798.  [Certain  expenses  to  be  paid  by  county.]  The  ex- 
penses of  surveying  and  locating  the  road  shall  be  paid  out  of  the  county 
treasury,  and  the  other  expenses  incident  to  the  construction  of  the  road 
shall  be  paid  out  of  the  funds  appropriated  by  this  chapter  to  the  con- 
struction of  the  same ;  and  the  sum  paid  the  surveyor  and  his  assistants 
shall  not  exceed  the  customary  wages  per  day  for  everv  day  thev  may 
be  actually  employed  in  locating  and  surveying  the  road.'* 

Sec.  4799.  [Who  may  sign  petitions.]  All  petitions  to  the 
county  commissioners  to  appoint  commissioners  to  lay  out  and  establish 
free  turnpike  roads,  and  to  levy  an  extra  tax  for  the  construction  thereof, 
and  all  remonstrances  against  either,  shall  only  be  signed  by  freehold 
taxpayers,  resident  within  the  county  in  which  the  road  is  proposed  or 
situated,  owning  lands  within  the  bounds  of  the  road,  as  described  in 
section  four  thousand  seven  hundred  and  eighty-six;  minors  residing  in 
the  county,  and  owning  lands  in  such  bounds,  shall  not  be  counted  for 
or  against  the  road  or  extra  tax,  unless  represented  by  their  legal 
guardian;  and  all  owners,  either  adults  or  minors,  of  any  undivided 
estate,  shall  only  be  entitled  to  one  vote  for  or  against  the  road  or  tax. 

Sec.  4800.  [One-mile  assessment  pike;  bridges;  material  for  re- 
pairs.] The  county  commissioners  shall  build  any  or  all  of  the  bridges 
and  culverts  upon  the  roads  provided  for  in  this  chapter,  contract,  and 
pay  for  all  material  used  in  the  contruction  or  repair  of  such  roads,  and 
in  case  the  county  commissioners  and  any  owner  of  any  material  can  not 
agree  upon  the  amount  to  be  paid  therefor,  then  the  county  commis- 
sioners shall  have  all  the  rights  and  powers  of  applying  to  the  probate 
court  of  the  county  to  appoint  appraisers  to  assess  the  value  of  such 
material  and  the  damage  accruing  to  lands  by  reason  of  the  removal 
thereof,  as  are  conferred  on  road  commissioners  by  sections  four  thousand 
seven  hundred  and  eighty-two  and  four  thousand  seven  hundred  and 
eighty-three. 

Sec  4801.  [How  road  may  be  made  toll  road.]  When  two  con- 
secutive miles  or  more  of  any  free  turnpike  road  is  made  in  good  order 
for  travel  or  transportation,  and  the  taxes  applicable  thereto  and  the 
two  days'  labor  will  not  keep  the  same  in  repair,  and  three-fourths  of 
the  resident  freeholders  on  the  road,  as  described  in  section  four  thou- 
sand seven  hundred  and  eighty-six,  after  giving  notice  as  required  in 
section  four  thousand  seven  hundred  and  sez'enty-four,  petition  the  county 
commissioners  therefor  it  shall  be  their  duty  "to  authorize  the  commis- 
sioners of  the  road  to  place  a  gate  or  gates  on  their  road,  and  charge 
such  rate  of  toll,  when  added  to  the  common  tax  of  the  grand  levy  and 
the  two  days'  work,  as  will  keep  the  road  in  good  repair ;  but  no  greater 
rate  of  toll  shall  be  charged  than  is  allowed  by  law  to  turnpike  roads ; 
and  the  road  commissioners  shall  continue  to  manage  such  free  turnpike 
road,  and  have  the  benefit  of  all  laws  regulating  turnpike  roads,  in  the 
collection  of  tolls,  and  other  matters  pertaining  to  the  maintenance  and 
preservation  of  the  road. 

Sec  4802.     [How  location  of  road  may  be  changed.]     The  board 
of  county  commissioners  of  any  county  may  change  the  location  of.  anv 


216  LAWS   RELATING   TO   AGRICULTURE. 

part  of  any  free  turnpike  road,  in  the  same  manner  and  on  the  same 
conditions  that  they  are  by  law  authorized  to  change  the  location  of  any 
part  of  a  county  road;  and  the  same  laws  applicable  to  the  alteration 
of  county  roads  shall  be  applicable  in  such  cases  to  free  turnpike  roads. 

Sec.  4803.  [How  claims  for  damages  to  be  settled.]  All  claims 
for  damages  arising  out  of  the  location  of  any  free  turnpike  road  shall 
be  settled  in  the  manner  prescribed  in  chapter [s]  two  and  four  in  like 
cases. 

Sec.  4804.  [When  petitioners  reside  in  different  counties.] 
When  the  resident  landowners  along  any  road  in  this  state,  the  bounds 
of  which  under  the  provisions  of  this  chapter  extend [s]  into  different 
counties,  wish  to  improve  the  same  under  the  provisions  of  this  chapter, 
they  shall  petition  the  boards  of  county  commissioners  of  their  respective 
counties  as  required  by  section  forty-seven  hundred  and  forty-four  [sev- 
enty-four] ;  and  in  such  case,  the  commissioners  of  the  different  counties 
may  join  in  carrying  out  the  provisions  of  this  chapter  by  severally  ap- 
pointing commissioners  to  lay  out  and  establish  a  free  turnpike  road, 
in  all  respects  as  if  said  petitioners  reside  wholly  in  one  county;  pro- 
vided, that  when  the  free  turnpike  road  sought  to  be  laid  out  under  the 
provisions  of  this  chapter  is  on  the  line  between  two  or  more  counties, 
then  said  extra  taxes  shall  be  levied  on  the  real  and  personal  property 
within  one  mile  on  each  side  of  the  free  turnpike  road  without  excep- 
tion ;  provided,  further,  that  when  a"  free  turnpike  road  sought  to  be  laid 
out  under  the  provisions  of  this  chapter,  lies  wholly  within  one  county, 
but  within  one  mile  of  the  county  line  upon  either  side  of  such  proposed 
road,  upon  the  petition  of  a  majority  of  the  resident  landholders  within 
said  county  as  provided  by  section  forty-seven  hundred  and  seventy- 
four,  then  the  extra  taxes  shall  be  levied  on  the  real  and  personal  prop- 
erty that  lies  in  such  county  within  the  bounds  of  such  proposed  road 
as  provided  by  section  forty-seven  hundred  and  eighty-six. 

Sec.  4805.  [Proceedings  on  such  petition.]  The  commissioners 
so  appointed  shall  qualify,  as  in  this  chapter  provided,  and  shall  imme- 
diately proceed  to  lay  out  and  establish  such  free  turnpike  road  and 
severally  make  return  to  the  board  of  county  commissioners  of  their  re- 
spective counties,  of  a  map,  profile,  and  estimate  of  the  cost  of  construc- 
tion of  the  free  turnpike  road,  as  provided  in  section  forty-seven  hundred 
and  seventy-six ;  and  the  board  of  county  commissioners  of  each  county 
shall  immediately  transmit  such  map,  profile,  and  estimate,  to  the  auditor 
thereof,  and  shall  at  the  same  time  levy  upon  the  grand  duplicate  of 
the  county,  for  the  period  and  under  the  limitations  mentioned  in  this 
chapter,  any  amount  of  money  that  may  be  required,  not  exceeding  ten 
mills  upon  "the  dollar  valuation  in  any  year,  on  all  the  lands  and  taxable 
property  in  the  county  within  the  bounds  of  such  free  turnpike  road,  as 
provided  in  section  forty-seven  hundred  and  seventy-four,  and  shall 
certify  such  levy  to  the  county  auditor  in  the  manner  provided  in  sec- 
tion forty-seven  hundred  and  seventy-seven :  and  the  respective  county 
auditors  shall  be  governed  in  all  respects  by  the  provisions  of  said  sec- 
tions in  entering  said  levees  upon  the  duplicate  for  collection,  and  in 
all  other  matters  pertaining  thereto,  in  conformity  to  this  chapter. 

Sec  4806.  [Petition  for  road  on  county  line.]  Such  boards  of 
road  commissioners,  in  all  of  their  subsequent  joint  acts  pertaining  to  the 
construction  and  repair  of  [any]  such  free  turnpike  road,  shall  be  gov- 
erned in  all  respects  by  the  provisions  of  this  chapter,  and  to  the  same 


LAWS   RELATING   TO   AGRICULTURE.  217 

extent  as  if  the  road  were  laid  out  and  established  wholly  in  one  county ; 
but  when  resident  land  owners  desire  to  make  a  free  turnpike  road  on 
a  county  line  between  two  or  more  counties,  and  there  are  no  resident 
land  holders  in  one  or  more  of  such  counties,  within  the  bounds  of  the 
proposed  road,  a  copy  of  the  petition  presented  to  the  commissioners 
of  the  county  in  which  there  are  resident  land  owners  within  the  bounds 
of  the  proposed  road,  if  the  same  be  allowed,  and  the  road  be  estab- 
lished by  the  commissioner [s]  of  such  county,  shall  be  presented  to  the 
commissioners  of  the  county  in  which  there  are  no  resident  land  owners 
within  the  bounds  of  the  road,  and  they  shall  act  on  the  same  in  all 
respects  as  if  the  petitioners  were  residents  of  such  county. 

Sec.  4807.  [The  line  of  a  state,  county,  or  township  road  may 
be  occupied.]  In  laying  out  and  establishing  free  turnpike  roads 
under  and  by  virtue  of  the  provisions  of  this  chapter,  it  shall  be  lawful 
to  lay  out  and  establish  the  same,  in  whole  or  part,  upon  the  line  of  any 
state,  county,  or  township  road,  or  upon  any  two  or  more  of  such  roads. 

Sec.  4808.     [Road    commissioners   may    issue   bonds   therefor.] 

The  commissioners  of  any  free  turnpike  road,  whenever  they  deem  it 
necessary  for  the  purpose  of  constructing  a  free  turnpike  road,  complet- 
ing the  same,  or  liquidating  any  indebtedness  on  account  thereof,  are 
authorized  to  issue  bonds,  payable  at  the  county  treasury,  in  installments, 
at  intervals  not  exceeding  the  number  of  years  for  which  the  special  tax 
provided  for  in  this  chapter  has  been  levied,  bearing  interest  not  exceed- 
ing six  per  centum,  payable  semi-annually;  which  bonds  shall  not  be 
sold  for  less  than  par,  and  shall  be  registered  by  the  county  auditor, 
previous  to  their  issue,  in  a  book  by  him  kept  for  that  purpose;  such 
registry  shall  show  the  number  of  each  bond  issued,  the  amount  for 
which  issued,  the  rate  of  interest  which  it  bears,  and  when  the  same 
is  payable ;  and  the  extra  taxes  levied  under  the  provisions  of  this  chap- 
ter shall  be  divided  in  such  manner  as  to  meet  the  payment  of  the  interest 
and  principal  of  the  bonds,  and  when  collected  the  money  arising  there- 
from shall  be  paid  to  the  road  commissioners,  by  the  treasurer  of  t.he 
county,  upon  the  warrants  of  the  county  auditor ;  and  the  road  com- 
missioners shall  apply  the  money  first  to  the  payment  of  their  bonds 
and  interest,  and  next  to  the  construction  and  improvement  of  such  free 
turnpike  road,  and  in  discharging  any  indebtedness  incurred  on  account 
thereof. 

Sec.  4809.  [How  two  or  more  roads  may  be  consolidated.]  It 
shall  be  the  duty  of  the  county  commissioners  to  consolidate  two  or 
more  free  turnpike  roads  that  are  so  situate  that  by  one  ending  in  an- 
other, or  by  one  crossing  another,  or  otherwise,  they  form  continuous 
line  or  lines  of  travel,  if  they  are  satisfied  the  consolidation  will  be  to  the 
benefit  of  the  roads  and  the  public,  and  enter  upon  their  minutes  an 
order  consolidating  the  roads,  and  appointing  commissioners  for  the 
consolidated  road,  who  shall  have  all  the  powers,  and  perform  all  the 
duties,  in  relation  thereto,  prescribed  by  this  chapter;  and  from  and 
after  the  organization  and  qualification  of  such  commissioners,  the 
powers  of  the  commissioners  of  the  several  roads  so  consolidated  shall 
cease,  and  the  roads  shall  thenceforward  constitute  one  free  turnpike 
road,  to  which  all  the  laws  relating  to  free  turnpike  roads  in  force  from 
time  to  time  shall  apply,  the  same  as  if  such  [road]  had  been  originally 
so  established. 

Sec.  4810.  [How  existing  levies  to  be  applied.]  Any  levy  of 
extra  taxes  for  either  of  such  roads  existing  at  the  time  of  such  consoli- 


218  LAWS   RELATING  TO  AGRICULTURE. 

dation  shall  be  worked  out,  or  collected  and  applied  according  to  law* 
for  the  purposes  of  that  part  of  such  consolidated  road  for  which  they 
were  made;  and  all  money  in  the  treasury  or  elsewhere,  arising  from 
any  extra  tax  for  either  of  such  roads,  shall  be  applied  in  like  manner; 
but  the  commissioners  of  the  consolidated  road  shall  have  the  same 
powers  as  to  reducing  or  abating  such  levies  as  are  or  may  be  provided 
by  law  for  commissioners  of  free  turnpike  roads. 

Sec.  481  i.  [Commissioners  of  consolidated  road  to  have  charge 
of  all  property.]  Upon  the  organization  and  qualification  of  the  com- 
missioners of  such  consolidated  road,  the  commissioners  of  the  several 
roads  forming  the  same  shall  settle  their  accounts  with  the  county  com- 
missioners, and  deliver  up  all  money  or  other  property,  and  also  all 
records,  books,  and  papers  belonging  or  pertaining  to  such  roads,  to 
the  commissioners  of  such  consolidated  road. 

Sec.  4812.  [Free  turnpikes;  completion  of.]  The  provisions  of 
this  chapter  shall  extend  and  be  applicable  to  all  free  turnpike  roads 
heretofore  built,  now  in  process  of  construction,  or  hereafter  to  be  con- 
structed ;  and  at  any  time  when  the  county  commissioners  shall  deem  it 
necessary  for  the  purpose  of  providing  the  means  for  completing  the  same 
and  liquidating  any  indebtedness  incurred  on  account  of  such  road, 
they  may  continue  the  tax  originally  levied  for  constructing  the  same, 
for  a  period  not  exceeding,  in  the  aggregate  fifteen  years,  in  addition  to 
the  levy  made  on  petition,  as  provided  in  section  4777. 

Sec.  4812a.  [One-mile  assessment  pikes;  when  commissioners 
may  issue  new  bonds.]  If  at  any  time  it  shall  be  ascertained  by  the 
road  commissioners  that  the  property  upon  the  tax  duplicate  for  the 
purpose  of  raising  a  fund  for  the  construction  of  any  free  turnpike  road, 
under  the  provisions  of  this  chapter,  heretofore  built,  now  in  process  of 
construction,  or  hereafter  to  be  constructed,  has  by  any  cause  been  re- 
duced, so  that  said  duplicate  will  not  produce  a  sufficient  fund  to  liqui- 
date all  bonds  issued  by  the  road  commissioners  under  the  provisions  of 
this  chapter,  as  the  same  shall  become  due,  with  the  interest  thereon. 
said  road  commissioners  shall  have  power,  and  are  hereby  authorized  to 
issue  new  bonds,  for  the  purpose  of  paying  off  all  such  bonds  and  the 
interest  thereon*;  provided,  that  the  time  for  the  payment  of  said  new 
bonds  shall  not  be  extended  beyond  the  time  limited  by  the  provisions  of 
this  chapter,  for  the  levying  of  taxes  for  the  construction  of  one  mile 
assessment  pikes. 

Sec.  4813.  [Certificates  of  labor  receivable  for  road  tax.]  Cer- 
tificates from  the  road  commissioners  to  persons  owing  any  free  turn- 
pike tax,  for  labor  performed  in  discharge  of  the  same,  shall  be  receiv- 
able by  the  treasurer  of  the  county,  at  the  December  collection  of  taxes, 
in  payment  of  such  tax ;  and  such  certificates  shall  specify  the  amount 
of  tax  so  paid,  and  shall  in  no  case  exceed  the  amount  "of  extra  tax 
charged  against  such  person  upon  the  duplicate  of  the  county. 

Sec  4814.  [Unpaid  indebtedness  of  free  turnpike  road  com- 
pany.] When  the  right  of  any  free  turnpike  road  company  to  levy 
special  taxes  to  pay  the  orders,  bonds  or  other  indebtedness  issued  by  it  ha's 
ceased,  leaving  outstanding  orders,  bonds  or  other  indebtedness  unpaid, 
and  their  payment  unprovided  for,  the  commissioners  of  such  road  com- 
pany shall  immediately  make  out  and  deliver  to  the  auditor  of  the 
county  in  which  such  road  or  any  part  thereof  is  situated,  a  complete 


LAWS   RELATING  TO  AGRICULTURE.  219 

and  perfect  list  of  all  such  indebtedness  for  the  payment  of  which  they 
have  no  funds  or  means  of  payment  with  a  description  in  detail  of  such 
indebtedness  as  to  date,  amount,  rate  of  interest,  if  any,  and  when  pay- 
able, which  list  shall  be  verified  by  said  commissioners;  and  the  county 
auditor  shall  lay  the  same  before  the  county  commissioners  at  their  next 
regular  session  thereafter. 

Sec.  4815.  [Taxation  to  pay  same.]  At  any  regular  session  of 
the  county  commissioners,  at  which  such  list  is  laid  before  them,  they 
shall  immediately  proceed  to  ascertain  the  aggregate  amount  of  such 
indebtedness,  including  interest  in  case  it  draw  interest,  and  adding 
thereto  an  amount  sufficient  to  pay  the  expense  of  assessment  and  col- 
lection, and  to  cause  the  same  to  be  assessed  upon  the  same  lands  and 
lots  as  were  subject  to  taxation  for  the  construction  of  the  road,  or  to 
pay  for  the  same  at  the  time  when  the  right  to  tax  such  lands  and  lots 
ceased,  according  to  their  true  value  in  money  as  shown  by  their  valu- 
ation contained  in  the  county  duplicate. 

Sec.  4816.  [When  different  rates  have  been  authorized.]  When, 
by  the  laws  in  force  immediately  preceding  the  time  when  the  right  to 
levy  taxes  for  the  benefit  of  any  such  road  ceased,  different  rates  of 
taxation  were  authorized  upon  the  lands  adjacent  to  or  lying  near  any 
such  road,  according  to  their  proximity  to  such  road,  the  amount  author- 
ized to  be  levied  by  the  preceding  section  shall  be  so  assessed  upon  those 
lands  as  to  preserve  the  same  relative  proportions  between  the  taxes  on 
the  several  tracts  as  formerly;  but  the  county  commissioners  may  in 
their  discretion  divide  the  aggregate  of  such  indebtedness  into  install- 
ments, not  exceeding  five  in  number,  and  order  that  one  of  those  install- 
ments be  assessed  and  collected  annually,  and  the  amount  so  assessed 
shall  be  collected  in  the  same  manner  as  state  and  county  taxes. 

Sec.  4817.  [Payment  of  such  indebtedness.]  Immediately  after 
the  annual  settlement  of  the  county  treasurer  with  the  county  auditor  of 
any  year  next  after  that  in  which  any  assessment  has  been  made,  as 
provided  in  the  two  preceding  sections,  the  county  auditor  shall  proceed 
to  ascertain  the  net  amount  of  money  collected  on  account  of  the  in- 
debtedness of  such  free  turnpike  road  company,  and  if  the  amount  so 
collected  is  sufficient  to  pay  the  whole  of  such  indebtedness,  he  shall 
proceed  to  pay  all  indebtedness  of  such  road  company  on  presentation 
by  his  warrants  drawn  on  the  county  treasurer,  payable  out  of  the 
proper  fund,  and  shall  cancel  the  evidences  of  such  indebtedness  and 
keep  them  on  file  in  his  office*;  but  if  the  net  amount  so  collected  shall 
be  insufficient  to  pay  the  indebtedness  in  full,  or  the  amount  of  indebted- 
ness has  been  ordered  to  be  collected  in  annual  installments,  the  county 
auditor  shall  divide  the  net  amount  so  collected  pro  rata  among  the 
holders  of  the  indebtedness,  taking  up  and  canceling  the  original  evi- 
dence of  indebtedness  and  issuing  new  vouchers  for  the  balance  unpaid. 

Sec.  4818.  [Special  taxes  to  be  applied  to  debts.]  When  a  free 
turnpike  road  is  finished  according  to  law,  with  an  outstanding  debt 
unprovided  for,  and  the  right  to  levy  special  taxes  for  the  benefit  of  such 
road  has  not  ceased,  such  special  taxes,  when  collected,  shall  be  applied 
exclusively  to  the  payment  of  such  debt,  till  the  same  is  paid  in  full. 

Sec  4819.  [Road  may  be  transferred  to  turnpike  company.] 
The  county  commissioners,  whenever  in  their  opinion  the  public  interest 
will  be  subserved  thereby,  may  surrender  to  any  turnpike  company  any 


220  LAWS    RELATING    TO    AGRICULTURE. 

free  turnpike  or  other  road  in  the  county,  and  direct  that  the  taxes  levied 
and  collected  for  such  road,  and  not  otherwise  appropriated  by  law,  shall 
be  paid  over  to  such  turnpike  company,  to  be  expended  in  constructing 
or  repairing  the  road,  to  construct  or  repair  which  the  same  were  levied. 

Sec.  4820.  [Tax-payers  to  have  stock.)  Any  turnpike  company 
receiving  such  surrender  shall  issue  to  the  persons  upon  whose  propertv 
taxes  have  been  levied  to  construct  or  repair  such  road,  certificates -. of 
stock  for  the  amount  of  taxes  by  them  respectively  paid,  upon  which 
they  shall  be  entitled  to  dividends,  pro  rata,  as  other  stockholders  may 
be,  upon  their  stock. 

Sec.  4&21.  [Toll-gates  and  toll.]  When  three  consecutive  miles 
of  such  road  has  [have]  been  constructed  and  finished,  according  to  law, 
the  directors  of  such  company  may  establish  a  toll-gate  thereon,  and  for 
every  additional  five  miles  finished  as  aforesaid  an  additional  gate,  and 
may'  demand  and  receive  tolls  thereat,  at  rates  not  exceeding  the  rates 
allowed  by  law  to  other  companies. 

Sec,  4822.  [Elections  of  directors.]  In  elections  for  directors 
of  such  company  each  stockholder  shall  he  allowed  one  vote  for  each 
share  of  stock  by  him  held,  and  one  vote  for  each  fraction  greater  than 
half  a  share. 

Sec.  4823.  [Villages  may  assist  in  constructing  such  roads,  and 
may  issue  bonds.]  Councils  of  villages  are  authorized  to  levy  a  tax 
to  construct  free  turnpike  roads,  or  a  part  thereof,  in  counties  wherein 
such  villages  are  situate,  and  terminating  or  running  through  such  vil- 
lages, and  for  this  purpose  such  councils  are  authorized  to  issue  the  bonds 
of  the  villages,  payable  with  legal  interest  at  such  times  as  the  councils 
may  deem  advisable,  and  such  bonds  shall  not  be  sold  for  less  than  their 
par  value. 

Sec.  4824.  [Tax  to  be  submitted  to  electors.]  For  the  purpose 
of  paying  such  bonds,  and  the  interest  thereon,  as  the  same  become  due, 
the  councils  are  authorized  to  lev}*  a  tax  upon  the  taxable  property  of 
such  villages  sufficient  for  the  purpose,  not  exceeding  five  mills  on  the 
dollar  in  anv  vear ;  but  such  tax  shall  in  no  case  be  levied,  nor  shall  such 
bonds  be  issued,  until  at  some  regular  election,  hekl  in  such  villages, 
the  majority  of  the  qualified  electors  thereof  approve  the  tax;  and  in 
case  the  amount  to  be  appropriated  for  any  one  road  does  not  exceed 
the  sum  of  five  hundred  dollars,  the  councils  may  appropriate  and  apply 
the  same  in  money  for  said  road  improvement,  out  of  any  money  on 
hand,  or  funds  not  otherwise  appropriated,  without  issuing  bonds-  or 
levving  a  tax,  such  appropriation  to  be  made  by  an  ordinance  passed  for 
the  purpose,  specifying  particularly  the  amount,  and  for  what  road 
appropriated. 

Sec.  4825.  [When  road  may  be  extended  to  village.]  When  a 
free  turnpike  road  in  progress  of  construction  terminates  within  one 
mile,  by  way  of  a  public  road,  of  any  such  village,  the  council  of  such 
village  shall  have  the  same  p<wver  to  levy  a  tax  and  issue  bonds  to  aid  in 
the  construction  of  such  free  turnpike  road  that  it  would  have  if  the  road 
terminated  in  the  village ;  and  if  the  conntv  commissioners  having  in 
charge  the  construction  of  such  road  accept  sach  bonds,  such  free  turn- 
pike road  shall  be  deemed  to  be  extended,  by  way  of  the  public  road 
before  mentioned,  to  the  corporate  limits  of  the  village:  and  the  com- 
missioners shall  make  and  publish  an  order  to  that  effect,  and  thereupon 


LAWS    RELATING   TO   AGRICULTURE.  221 

the  commissioners  shall  improve  such  extension  of  such  free  turnpike 
road.,  in  the  same  manner  as  the  other  parts  of  the  same. 

Sec.  4826.  [Time  for  construction  extended,  and  county  to  pay 
for  bridges.]  When  the  commissioners  of  a  free  turnpike  road  fail 
either  for  want  of  time  or  sufficient  means,  to  complete  such  road,  the 
county  commissioners  of  the  county  or  counties  through  which  it  [is] 
located  may  grant  such  extension  of  time  for  the  completion  of  the  same 
as  to  them  may  seem  reasonable  and  proper;  and  in  all  cases  of  indebt- 
edness for  the  erection  of  bridges  upon  the  line  of  such  free  turnpike 
roads,  the  county  commissioners  may  discharge  such  indebtedness,  from 
the  treasury  of  the  county  in  which  such  bridge  or  bridges  may  be 
located. 

Sec.  4827.  [Road  commissioners  to  make  final  report.]  When 
the  commissioners  of  a  free  turnpike  road  have  completed  the  same, 
they  shall  immediately  thereafter  make  a  final  report  to  the  county  com- 
missioners of  the  total  expenditures  on  the  road,  and  deposit  their  books 
and  papers  with  the  county  auditor,  after  which  time  the  free  turnpike 
road  shall  be  kept  open  and  in  repair  as  provided  in  chapter  ten. 

Sec.  4828.  [Vacation  of  free  turnpike  road.]  When  any  part  of 
a  free  turnpike  road  becomes  useless,  or  remains  unopened  for  the  term 
of  five  years,  after  the  same  has  been  established,  the  commissioners 
of  the  county  may,  on  application  of  twelve  freeholders  of  the  county, 
appoint  three  disinterested  freeholders  to  view  the  same,  and  report 
whether  such  road  is  useless,  or  whether  it  would  be  of  public  advantage 
to  vacate  it;  and  if  such  freeholders  report  in  favor  of  such  vacation, 
the  county  commissioners  may  order  the  road  to  be  vacated,  and  the 
same  proceedings  shall  be  had  on  such  application  as  are  provided  on 
applications  to  vacate  county  roads. 


TWO-MILE    ASSESSMENT    PIKES. 

Sec.  4829.  [County  commissioners  may  construct  or  improve 
roads.]  The  county  commissioners  of  any  county  shall  have  power, 
as  hereinafter  provided,  to  lay  out  and  construct  any  new  county  road, 
or  to  improve  any  state,  county  or  township  road,  or  any  part  thereof, 
or  any  free  turnpike  road,  or  any  part  thereof  not  completed,  or  any 
free  road,  by  straightening  or  altering  the  same,  and  by  grading,  paving, 
graveling,  planking,  or  macadamizing  the  same,  and  by  draining  the 
same  in  any  direction  required  to  make  the  most  convenient  and  suffi- 
cient outlet ; 

[Vacation  of  roads.]  And  for  such  purpose  they  may,  upon 
further  petition,  when  by  them  deemed  expedient,  vacate  any  state, 
county,  or  township  road,  or  any  part  thereof,  or  any  free  turnpike 
road,  or  any  part  thereof  not  completed,  or  any  free  road,  and  may  im- 
prove several  roads  or  parts  of  roads,  or  free  turnpike  roads,  or  parts 
thereof  not  completed,  or  any  free  road,  when  the  same  may  be  united 
in  one  continuous  road  improvement. 

Sec.  4830.  [County  commissioners  may  improve  unfinished  turn- 
pike or  plank-road.]  They  may  improve,  by  grading,  graveling,  or 
macadamizing  any  unfinished  turnpike  road,  plank  road,  or  other  graded 
road  of  five  degrees  or  less,  other  than  such  as  charge  and  receive  tolls. 


222  LAWS    RELATING   TO   AGRICULTURE. 

and  when  the  grading  has  been  already  done,  and  the  bridges  and  cul- 
verts already  built,  one-half  of  the  cos't  of  such  improvements  shall  be 
assessed  upon  the  landowners  along  and  adjacent  to  the  line  of  the  road, 
as  provided  in  this  chapter,  and  one-half  upon  the  grand  duplicate  of 
the  county. 

Sec.  4831.  [Two-mile  assessment  pikes;  petition  for  improve- 
ment of;  viewers;  how  appointed,  and  duties  of;  proviso.]  Upon  the 
presentation  of  a  petition  stating  the  kind  of  improvement  prayed  for 
and  the  points  between  which  the  same  is  asked,  signed  by  five  or  more 
of  the  landholders  whose  lands  will  be  assessed  for  the  expense  of  the, 
same,  and  the  filing  of  a  bond  signed  by  one  or  more  responsible  free- 
holders to  whom  the  petitioners  shall  be  responsible,  pro  rata,  condi- 
tioned for  the  payment  of  the  expenses  of  the  preliminary  survey  and 
report,  if  the  improvement  be  not  finally  ordered,  the  commissioners 
shall  appoint  three  disinterested  freeholders  of  the  county  as  viewers 
and  the  county  surveyor,  to  proceed  upon  a  day  to  be  named  by  the 
commissioners  to  examine,  view,  lay  out,  and  straighten  such  road,  as 
in  their  opinion  public  convenience  and  utility  require.  Provided,  that 
in  locating  such  improvements  within  the  territorial  limits  of  any  incor- 
porated village  or  town,  the  county  surveyor  and  viewers  shall  be  con- 
fined to  the  platted  streets  of  such  village  or  town. 

Sec.  4832.  [Notice  and  publication.]  The  county  auditor  shall 
notify  the  viewers  and  surveyor  of  the  time  and  place  of  their  meeting 
to  make  the  view,  and  shall  also  give  notice  by  publication,  in  a  news- 
paper printed  in  the  county,  for  three  consecutive  weeks  prior  to  the 
meeting,  which  notice  shall  state  the  time  and  place  of  meeting,  the  kind 
of  improvement  asked  for,  the  place. of  beginning,  intermediate  points, 
if  any,  and  the  place  of  termination. 

Sec.  4833.  [Duties  of  viewers  and  surveyor.]  The  viewers,  and 
surveyor  or  engineer,  shall  meet  at  the  time  and  place  specified  by  the 
commissioners,  and,  after  taking  an  oath  faithfully  and  impartially  to 
discharge  the  duties  of  their  appointments,  shall  take  to  their  assistance 
two  suitable  persons  as  chain-carriers,  and  one  marker,  and  proceed  to 
view,  examine,  lay  out,  or  straighten  such  road,  as  in  their  opinion  public 
utility  and  convenience  require,  and  assess  and  determine  the  damages 
sustained  by  any  person  through  whose  premises  the  road  is  proposed 
to  be  laid  out,  straightened,  or  improved ;  but  the  viewers  shall  not  be 
required  to  assess  damages  to  any  person  except  minors,  idiots,  or  luna- 
tics, in  consequence  of  the  appropriation  of  any  private  property  for 
the  making  of  the  improvement,  unless 'the  owner  thereof,  or  his  agent, 
file  a  written  application  with  the  viewers,  giving  a  description  of  the 
premises  on  which  damages  are  claimed  by  them. 

-Sec.  4834.  [Appeal  from  assessment.]  All  applications  for  dam- 
ages shall  be  barred,  .unless  they  be  presented  as  above  required,  and 
any  person  feeling  aggrieved  by  the  assessment  made  may  demand  of 
the  commissioners  to  have  the  same  assessed  by  a  jury ;  in  which  case 
the  claimant  may  appeal  to  the  probate  court  of  the  county,  and  the 
same  proceedings  shall  there  be  had,  and  like  orders  and  judgments 
rendered,  as  are  provided  in  chapter  four;  but  the  guardian  of  any  minor, 
idiot,  or  insane  person  may  act  for  his  ward,  and  all  his  acts  shall  be 
binding  upon  the  ward. 

Sec.  4835.  [Report  of  viewers  to  commissioners.]  The  viewers 
and  surveyor  or  engineer,  shall  make  a  report  to  the  commissioners  at 


LAWS   RELATING   TO   AGRICULTURE.  .  223 

their  next  regular  session,  showing  the  public  necessity  of  the  contem- 
plated improvement,  the  damages  claimed,  and  by  whom,  the  amount 
assessed  to  each  claimant,  an  estimate  of  the  expense  of  the  improve- 
ment, and  the  lots  and  lands  which  will  be  benefited  thereby,  and  ought 
to  be  assessed  for  the  expense  of  the  same ;  but  no  lands'  shall  be  so 
assessed  which  do  not  lie  within  two  miles  of  the  proposed  improve- 
ment, and  the  distance  of  two  miles  may  be  computed  in  any  direction 
from  either  side,  end,  or  terminus  of  the  road ;  and  lands  that'  have  once 
heen  assessed  for  the  expense  of  any  improvement  made  under  the  pro- 
visions of  this  chapter,  shall  not  be  re-assessed  under  subsequnt' pro- 
ceedings for  an  extension  of  the  same,  unless  the  prior  assessment  be 
not  deemed  proportioned  to  the  whole  benefit  resulting  to  such  lands. 

Sec.  4836.  [Proceedings  when  report  of  viewers  of  two-mile 
assessment  pike  is  filed.]  When  the  report  is  filed,  the  commission- 
ers shall,  unless  such  report  shows  that  there  is  no  public  necessity  for 
the  contemplated  improvement,  enter  on  their  records  and  order  that 
the  improvement  be  made  which  order  shall  state  the  kind  of  improve- 
ment, the  width,  the  extent  of  the  same,  and  the  lands  which  shall  be 
assessed  for  the  expenses  thereof;  but  such  order  shall  not  be  made 
until  a  majority  of  the  resident  landowners  of  the  county  whose  lands 
are  reported  as  benefited  and  ought  to  be  assessed,  and  in  counties  con- 
taining a  city  of  the  first  grade  of  the  first  class,  in  addition  to  such 
landholders,  a  majority  in  interest  of  the  persons  whose  lands  abut  upon 
said  proposed  improvement,  subscribe  the  petition  mentioned  in  section 
four  thousand  eight  hundred  and  thirty-one;  in  determining  such  ma- 
jorities minor  heirs  shall  not  be  counted  for  or  against  the  improvement, 
unless  represented  by  legal  guardian,  and  the  action  of  such  guardian 
shall  be  binding  upon  such  minor  heirs ;  and  all  heirs  or  owners,  either 
adults  or  minors,  to  any  undivided  estate,  shall  only  be  entitled  to  one 
vote  for  or  against  such  improvement,  and  the  name  of  any  person  who 
has  acquired  title  to  the  same  by  gift,  or  in  any  other  manner,  for  the 
purpose  of  making  such  person  a  petitioner  for  or  remonstrator  against 
such  improvement  shall  not  be  counted  in  favor  of  the  same,  or  against 
the  same. 

Sec.  4836a.  [Commissioners  of  Lucas  county  may  order  roads 
improved;  expense,  how  ordered  paid.]  In  counties  containing  a  city 
of  the  third  grade  of  the  first  class,  when  a  petition,  as  provided  in  sec- 
tion forty-eight  hundred  and  thirty-one  of  the  Revised  Statutes,  shall 
have  been  presented  to  the  county  commissioners,  asking  that  a  macad- 
amized, stone,  or  gravel  road  be  constructed  on  the  roadway  of  any  state; 
county,  township,  or  free  turnpike  road,  or  any  part  thereof,  and  the 
viewers  and  surveyor  or  engineer  shall  have  reported  to  the  commis- 
sioners, as  provided  in  section  forty-eight  hundred  and  thirty-five,  if  in 
the  opinion  of  the  commissioners  public  utility  requires  it,  they  shall 
enter  on  their  records  an  order  that  the  improvement  be  made,  which 
order  shall  state  the  kind  of  improvement,  the  width  and  extent  of  the 
same,  the  material  to  be  used,  and  such  pertinent  description  of  the  same 
as  they  shall  deem  necessary  by  reference  to  plans,  profiles  and  specifi- 
cations, or  otherwise,  which  shall  be  held  to  include  all  necessary  grad- 
ing, drains,  under-drains,  ditches  and  culverts  to  the  proper  completion 
and  maintenance  of  such  road ;  and  at  the  same  time,  said  commission- 
ers shall  order  that  a  portion  of  the  cost  and  expense  thereof,  which 
shall  not  be  less  than  one-third  nor  more  than  one-half  of  the  total  cost 
and  expense  thereof,  shall  be  paid  out  of  the  proceeds  of  any  levy  or 


224  LAWS   RELATING  TO   AGRICULTURE; 

levies  upon  the  grand  duplicate  of  the  county  authorized  by  section 
four  thousand  eight  hundred  and  thirty  sir  (a)  of  this  act;  and  shall  also 
order  that  the  balance  of  said  cost  and  expense  shall  be  assessed  upon 
and  collected  from  the  owners  of  the  lots  and  lands,  and  from  the  lots 
and  lands  benefited  thereby,  in  proportion  to  the  benefit  to  be  derived 
therefrom  by  said  lots  and  lands.  Said  order  shall  also  state  the  lands 
which  shall  be  subject  to  be  assessed  for  the  cost  and  expense  of  said 
improvement,  and  whether  the  estimated  assessment  therefor  shall  be 
made  before  the  improvement  is  commenced,  or  after  the  same  is  com- 
pleted. 

Sec.  4836b.  [Appointment  and  removal  of  engineer;  plans,  pro- 
files, etc.;  letting  of  the  work.]  After  making  such  order  for  an  im- 
provement, the  commissioners  shall  appoint  a  competent  engineer  to 
superintend  the  performance  and  completion  of  the  work,  who  shall, 
under  the  directions  and  with  the  approval  of  said  commissioners  pre- 
pare and  file  the  necessary  plans,  profiles  and  specifications  of  the  work. 
After  such  plans  and  specifications  as  the  commissioners  deem  necessary 
are  adopted,  the  work  shall  be  publicly  let  by  the  county  commission- 
ers to  the  lowest  responsible  bidder,  who  shall  enter  into  bond  with 
sufficient  sureties,  and  in  such  amount  as  the  commissioners  shall  ap- 
prove and  determine,  conditioned  for  the  faithful  performance  of  said 
work.  Notice  of  such  letting  shall  first  be  published  for  at  least  four 
weeks  in  some  newspaper  printed  in  the  county  and  of  general  circula- 
tion therein,  stating  the  nature  and  extent  of  the  work  and  the  time 
when  said  letting  will  be  made,  or,  if  sealed  bids  are  required,  when 
the  same  will  be  opened.  The  commissioners  may  let  the  work  as  a 
whole,  or  in  convenient  sections,  as  they  may  determine.  The  commis- 
sioners may  require  a  bond  from  each  bidder  in  such  sums  as  they  may 
determine,  with  sureties  to  their  approval,  conditioned  that  if  the  con- 
tract be  awarded  on  such  bid,  the  bidder  will  enter  into  the  contract 
and  execute  the  bond,  with  approved  sureties,  for  the  faithful  perform- 
ance of  the  contract.  The  county  commissioners  may  for  cause  remove 
the  engineer  herein  provided  for  at  any  time,  and  appoint  another  in 
his  place.  And  they  may,  in  their  discretion,  if  in  their  judgment  no 
reasonable  bid  is  made  for  said  work,  refuse  to  enter  into  such  contract, 
but  readvertise  the  same. 

Sec.  4836^.  [Estimated  assessment  of  expenses;  objections 
thereto ;  equalizing  board,  its  powers  and  duties ;  assessment  of  life  es- 
tates.] The  said  commissioners  shall,  either  before  the  said  improve- 
ment is  commenced,  or  after  the  same  is  completed,  as  they  shall  have  de- 
termined at  the  time  of  ordering  the  improvement,  appoint  three  disinter- 
ested freeholders  of  the  county,  resident  therein,  to  make,  upon  actual 
view,  and  to  report  to  said  commissioners,  an  estimated  assessment  of 
the  proportion  of  the  cost  and  expense  aforesaid  upon  the  lots  and  lands 
to  be  charged  therewith,  or  upon  such  of  the  lots  and  lands  included  in 
the  descriptions  and  boundaries  aforesaid,  as  in  their  judgment  should 
be  assessed,  in  proportion  as  nearly  as  may  be  to  the  benefits  which  may 
result  from  said  improvement  to  the  lots  or  lands  so  assessed,  which 
assessment  shall  be  filed  with  the  county  commissioners,  and  kept  in 
the  auditor's  office  for  public  inspection.  Before  adopting  the  assess- 
ment so  made  and  reported,  the  said  commissioners  shall  publish  notice 
for  three  weeks  consecutively,  in  some  newspaper  of  general  circulation 
in  the  county,  that  such  assessment  has  been  made,  and  that  the 
same  is  on  file  in  the  office  of  the  auditor  for  inspection ;  and  if  no  ob- 


LAWS   RELATING   TO   AGRICULTURE.  225 

jections  are  filed  thereto  within  two  weeks  after  the  expiration  of  said 
notice,  the  commissioners  may  confirm  the  same.  If  the  owner  of  any 
property  assessed  objects  to  the  assessment  so  made,  he  shall  file  his 
objections  in  writing  with  the  said  commissioners  within  two  weeks 
after  the  expiration  of  the  notice  aforesaid ;  and  thereupon  the  commis- 
sioners shall  appoint  three  other  disinterested  freeholders,  to  act  as  an 
equalizing  board,  who  shall  meet  at  the  county  auditor's  office  at  a  time 
to  be  fixed  by  the  county  commissioners,  with  power  to  adjourn  from 
time  to  time,  who  shall  hear  and  determine  all  objections  to  said  assess- 
ment, equalize  the  same,  or  approve  the  assessment  already  made,  as 
they  shall  deem  just.  They  shall  report  their  action  to  said  commis- 
sioners, who  shall  have  power  to  confirm  the  same,  or  to  set  the  same 
aside  and  cause  a  new  equalizing  board  to  be  appointed,  with  like  pow- 
ers and  qualifications.  When  said  assessment  is  confirmed  by  the  county 
commissioners,  the  same  shall  be  final.  The  members  of  said  assessing 
and  equalizing  boards  shall,  before  entering  upon  their  duties,  take  an 
oath  before  a  proper  officer  to  faithfully,  honestly  and  impartially  dis- 
charge their  duties  in  making  or  equalizing  said  assessment,  and  in 
either  case  a  majority  of  the  board  shall  have  power  to  determine  any 
question  or  matter  before  them.  The  equalizing  board,  or  any  of  its 
members,  shall  have  power  to  administer  oaths  to  witnesses,  and  said 
board  shall  hear  any  testimony  for  or  against  the  parties  filing  excep- 
tions as  aforesaid.  If  any  of  the  lands  to  be  assessed  are  subject  to  a 
life  estate,  the  assessment  made  thereon  shall  be  apportioned  between 
the  owner  of  the  life  estate  and  the  owner  of  the  fee  in  proportion  to 
the  relative  value  of  their  respective  estates,  to  be  ascertained  upon  the 
principles  applicable  to  life  annuities. 

Sec.  4836c/.  [Records  and  accounts;  filing  of  profiles,  plats,  etc.; 
expenditure  of  money.]  The  commissioners  shall  cause  to  be  kept  by 
the  county  auditor  a  full  record  of  all  the  proceedings  herein  provided 
for,  together  with  accurate  accounts  of  receipts  and  expenditures  of 
money,  under  the  provisions  of  this  act ;  and  all  profiles,  plats  and  speci- 
fications shall  be  filed  and  kept  in  the  office  of  the  county  auditor ;  and 
no  money  shall  be  drawn  from  the  treasury  belonging  to  the  fund  raised 
under  the  provisions  of  this  act,  except  to  pay  liabilities  already  accrued, 
and  then  only  in  pursuance  of  orders  caused  by  the  commissioners  while 
in  session  as  a  board,  to  be  entered  upon  the  record  of  their  proceed- 
ings, and  by  orders  drawn  by  the  county  auditor  upon  the  county  treas- 
ury in  favor  of  the  person  to  whom  such  money  is  due. 

Sec.  4836^  [When  certain  provisions  shall  not  apply  to  improve- 
ments made  under  this  act.]  Whenever  not  less  than  one-third  of  the 
cost  and  expense  of  such  improvement  is  by  the  commissioners  ordered 
to  be  paid  by  levy  upon  the  grand  duplicate  of  the  county  as  provided 
in  this  act,  sections  forty-eight  hundred  and  thirty-seven,  forty-eight  hun- 
dred and  thirty-nine,  forty-eight  hundred  and  forty,  forty-eight  hundred 
and  forty-one,  forty-eight  hundred  and  forty-two,  forty-eight  hundred 
and  forty-three,  forty-eight  hundred  and  forty-four,  and  all  the  prohi- 
bitions of  forty-eight  hundred  and  thirty-six  against  the  commissioners, 
making  an  order  for  an  improvement,  until  a  majority  of  the  resident 
landholders  of  the  countv,  whose  lands  are  reported  as  benefited  and 
ought  to  be  assessed,  subscribe  the  petition  therefor,  shall  have  no  force 
or  'effect  in  such  countv  as  to  improvements  made  or  ordered  under  the 
provisions  of  this  act,  but  said  commissioners  may  proceed  to  order  and 

15      F.   H.    B. 


226  LAWS    RELATING    TO    AGRICULTURE. 

cause  said  improvement  to  be  made  without  other  petition  than  that 
provided  for  in  section  forty-eight  hundred  and  forty-one,  and  the  let- 
ting of  the  work,  the  performance  of  the  same,  and  the  making  and 
confirming  the  assessment  ^herefor,  shall  be  under  the  provisions  of  this 
act. 

Sec.  4836^.  [General  tax  levies  for  construction  and  repair  of 
improved  roads;  proceeds  of  levies.]  For  the  purpose  of  providing  by 
general  taxation  a  fund,  out  of  which  not  less  than  one-third  of  the  cost 
and  expense  of  all  improvements  made  under  the  provisions  of  this  act 
can  be  paid,  the  commissioners  of  such  county  are  hereby  authorized 
to  levy  upon  the  grand  duplicate  of  the  county,  not  exceeding  seven- 
tenths  of  one  mill  in  any  one  year  upon  each  dollar  of  the  valuation  of 
the  taxable  property  in  such  county.  And  said  commissioners  shall 
at  all  times  cause  all  necessary  repairs  to  be  made  on  such  roads  already 
constructed,  or  hereafter  to  be  constructed  or  improved  for  their  proper 
maintenance ;  and  for  such  purpose  may  and  they  are  hereby  authorized 
to  levy  a  tax  upon  the  grand  duplicate  of  the  county,  not  exceeding  two- 
tenths  of  one  mill  in  any  one  year  upon  each  dollar  of  the  valuation  of 
taxable  property  in  such  county.  At  their  March  session  annually  th^ 
commissioners  shall  divide  each  completed  stone  road  in  said  county 
into  sections  of  not  more  than  two  miles  in  length  for  the  purpose  of 
controlling  the  repairs  of  such  roads.  They  shall  at  the  same  time 
make  an  estimate  of  the  amount  of  materials  required  to  keep  each  of 
said  sections  in  proper  condition  during  the  next  following  year  and 
decide  upon  the  most  convenient  places  for  having  said  material  de- 
livered. They  shall  then  fix  a  day  on  which  they  will  let  to  the  lowest 
responsible  bidder  the  job  of  furnishing  and  delivering  the  said  materials 
at  the  place  decided  upon  and  of  keeping  the  said  sections  in  repair 
for  the  period  of  one  year  according  to  specifications  to  be  submitted 
to  the  bidders.  They  shall  require  and  entertain  separate  bids  for  fur- 
nishing the  material  at  the  designated  places  of  delivery,  and  for  doing 
the  necessary  labor  in  keeping  said  sections  in  repair.  When  the  neces- 
sary preliminary  steps,  as  hereinbefore  provided,  have  been  taken,  they 
shall  cause  three  weeks'  notice  to  be  given  by  advertisement  and  hand- 
bills posted  up  on  the  lines  of  said  roads,  of  the  time  when  and  place 
where  bids  for  furnishing  and  delivering  the  said  material  and  doing 
the  said  work  will  be  received.  They  shall  enter  into  contract  with  the 
successful  bidder,  and  shall  require  good  and  sufficient  bond  of  him  for 
the  faithful  performance  of  the  same,  reserving  the  right  to  terminate 
each  and  every  contract  whenever  in  their  opinion  its  provisions  are 
not  complied  with.  Before  paying  for  any  material  furnished  under 
contracts  entered  into  in  accordance  with  the  provisions  of  this  section  it 
shall  be  the  duty  of  the  said  board  of  county  commissioners  to  inspect  the 
same  as  to  quality  and  quantity  furnished.  And  said  respective  levies 
shall  be  in  addition  to  all  other  levies  authorized  by  law,  notwithstand- 
ing any  limitation  upon  the  aggregate  amount  of  such  levies  now  in 
force.  The  proceeds  of  the  levies  hereby  authorized  to  be  made,  shall 
be  applied  and  used  by  the  county  commissioners  in  the  construction 
and  repair  of  such  macadamized,  stone,  and  gravel  roads,  as  the  case 
may  be,  and  for  no  other  purpose,  and  these  funds  shall  not  be  subject 
to  distribution  to  the  townships,  but  shall  be  expended  under  the  direct 
orders  and  supervision  of  the  county  commissioners.  All  the  proceeds 
of  such  stone  road  buildine  levies  and  of  the  sale  of  any  bonds  under 
the  provisions  of  section  forty-eight  hundred  and  forty-six,  shall  be 
placed  to  the  credit  of  a  fund  to  be  called  "the  stone  road  building  fund," 


LAWS   RELATING   TO   AGRICULTURE.  227 

out  of  which  shall  be  paid  all  the  costs  and  expenses  of  said  improve- 
ment, except  the  expense  of  the  preliminary  view  and  survey  and  the 
fees  of  the  auditor  and  commissioners,  but  the  auditor  shall  keep  a 
separate  account  of  each  different  improvement  in  a  book  to  be  kept 
for  that  purpose.  The  provisions  of  "An  act  to  authorize  certain  cities 
to  build  bridges  and  issue  bonds  therefor,"  passed  March  4,  1883  (80 
Ohio  laws,  page  73),  requiring  all  levies  upon  the  property  within  any 
city  of  the  third  grade  of  the  first  class,  made  by  the  county  commis- 
sioners for  road  purposes,  to  be  paid  into  the  treasury  of  said  city,  shall 
in  no  wise  conflict  with  the  provisions  of  this  act,  and  shall  not  be  ap- 
plicable to  the  levies  specifically  authorized  therein,  the  proceeds  of 
which  are  to  applied  and  used  by  the  county  commissioners  in  the  con- 
struction and  repair  of  such  roads. 

Sec.  4836^.  [Issue  of  bonds  for  construction  and  repair  of  im- 
proved roads.  ]  The  commissioners  of  any  such  county,  containing  a 
city  of  such  third  grade,  first  class,  are  hereby  authorized,  whenever,  in 
their  judgment,  it  is  desirable,  to  issue  and  sell  the  bonds  of  such  county 
to  an  amount  not  in  excess  of  fifty  thousand  dollars  ($50,000),  for  the 
purpose  of  paying  such  county's  share  of  the  costs  and  expenses  of 
contracting  [constructing]  macadamized,  stone  or  gravel  roads,  as  pro- 
vided in  said  preceding  supplemental  sections  to  said  section  4836;  said 
bonds  to  state  for  what  purpose  issued,  to  bear  interest  at  a  rate  not  in 
excess  of  four  and  one-half  per  cent,  per  annum,  payable  semi-annually, 
to  mature  in  not  less  than  ten  years  nor  more  than  twenty  years  after 
their  issue,  and  not  less  than  five  thousand  dollars  nor  more  than  twenty 
thousand  dollars  of  said  bonds  shall  mature  in  any  one  year,  and  they 
shall  be  sold  according  to  law,  and  for  not  less  than  par  and  accrued 
interest ;  the  proceeds  of  such  bonds  to  be  applied  and  used  exclusively 
for  the  same  purposes  and  in  the  same  manner  as  the  levy  of  seven-tenths 
of  one  mill  provided  for  in  said  supplementary  sections,  and  may  be  in 
addition  to  such  levy  or  any  part  thereof ;  and  the  interest  and  principal 
of  such  bonds  to  be'  paid  from  said  levy  of  seven-tenths  of  one  mill,  or 
any  part  of  same. 

Sec.  4836/*.  [Commissioners  of  Lucas  county;  bonds  for  repair 
of  roads.]  The  commissioners  of  any  such  county  containing  a  city 
of  the  third  grade,  first  class,  are  hereby  authorized  to  issue  and  sell 
bonds  of  such  county  to  an  amount  not  in  excess  of  fifteen  thousand 
dollars  ($15,000),  for  the  purpose  of  paying  for  the  repair  of  macad- 
amized, stone,  or  gravel  roads  built  under  the  provisions  of  the  said 
section  4836  and  sections  supplemental  thereto;  said  bonds  to  state  for 
what  purpose  issued,  to  bear  interest  at  a  rate  not  in  excess  of  five  per 
cent  per  annum,  pavable  semi-annually,  to  mature  in  not  less  than  ten 
nor  more  than  twenty  years  after  their  issue,  and  they  shall  be  sold 
according  to  law  and  not  for  less  than  par  and  accrued  interest ;  the 
proceeds' of  such  bonds  to  be  applied  and  used  exclusively  for  the  same 
purposes  and  in  the  same  manner  as  the  levy  of  two-tenths  of  one  mill 
provided  for  in  said  supplemental  sections;  and  the  interest  of  such 
bonds  is  to  be  paid  from  the  said  levy  of  two-tenths  of  one  mill,  or  any 
part  of  the  same. 

Sec  4836/.  [Commissioners  in  Lucas  county  may  construct  road 
without  assessment  upon  private  property.]  If  in  the  opinion  of  the 
countv  commissioners  of  any  such  county  it  is  expedient  and  proper  to 
construct   anv   such   road   commencing  at   the   intersection   of   sections 


228  LAWS    RELATING   TO   AGRICULTURE. 

sixteen  and  twenty-one  in  Lucas  county,  and  extending  not  more  than 
one  mile  in  length,  without  making  an  assessment  upon  private  property 
for  any  portion  of  the  cost  thereof,  said  county  commissioners  may  pro- 
ceed to  make  such  improvement  in  a  manner  by  them  deemed  proper 
and  pay  for  the  same  from  the  stone  road  building  fund, 

[Bonds.]  And  may  issue  bonds  of  said  county  in  a  sum  not  to 
exceed  five  thousand  dollars  to  reimburse  said  fund  in  accordance  with 
the  provisions  and  under  the  restrictions  of  section  48363- . 

Sec.  4837.  [When  remonstrant  bound  for  costs.]  If  it  appear 
that  any  person  who  signed  the  petition  asking  for  such  improvement 
afterward  signed  a  remonstrance  against  the  same,  so  that  by  counting 
such  person  remonstrator  instead  of  .petitioner  the  object  and  prayer  of 
such  petition  will  be  defeated,  the  person  who  is  both  petitioner  and 
remonstrator  shall  be  held  liable,  and  shall  pay  all  costs  growing  out 
of  the  presentation  of  the  petition,  and  the  proceedings  had  thereon ; 
and  if  the  costs  are  not  paid  within  thirty  days  after  the  dismissal  of 
further  proceedings  in  the  case,  the  auditor  shall  tax  the  costs  against 
such  person,  and  if  there  is  more  than  one  such  person,  the  auditor 
shall  apportion  the  costs  among  such  persons,  in  the  proportion  of  the 
appraised  value  of  their  several  lands  for  taxation  that  are  within  two 
miles  of  the  route  on  which  the  improvement  was  prayed  for,  and  shall 
place  the  same  on  the  grand  duplicate  for  collection,  to  become  due  and 
payable  at  the  next  December  collection  of  taxes  thereafter ;  and  the 
same  penalties  shall  attach,  and  the  same  proceedings  shall  be  had  in 
the  collection,  as  in  delinquent  state  and  county  taxes. 

(4837-1)  Sec.  1.  [Applicability  of  certain  statutes  to  Ashta- 
bula, Licking,  Wood,  Holmes,  Medina,  Ottawa  and  Wyandot  coun- 
ties; portion  of  cost  to  be  paid  by  county.]  Except  as  otherwise 
herein  provided,  and  so  far  as  the  same  may  be  applicable,  sections  4836a, 
4836b,  4836c,  48366/,  4836/,  48360-,  of  the  Revised  Statutes,  shall  apply 
to,  regulate  and  govern  the  laying  out  and  constructing  of  all  two-mile 
assessment  pikes  that  may  hereafter  be  laid  out  and  constructed  in  all 
counties  of  the  state  having  at  the  federal  census  of  eighteen  hundred 
and  ninety,  or  that  may  at  any  subsequent  federal  census  have  a  popula- 
tion of  not  less  than  forty-three  thousand  and  not  more  than  forty-five 
thousand,  and  in  all  counties  of  the  state  having  at  the  federal  census 
of  eighteen  hundred  and  ninety,  or  that  may  have  at  any  subsequent 
federal  census,  a  population  of  not  less  than  twenty-one  thousand  and  not 
more  than  twenty-two  thousand ;  provided,  in  such  counties  not  more 
than  otie-fourth  of  the  total  cost  and  expenses  of  such  improvements 
shall  be  paid  from  the  proceeds  of  levies  upon  the  grand  duplicates  of 
such  counties,  and  the  bonds  so  authorized  may  bear  interest  at  a  rate 
not  in  excess  of  six  per  cent  per  annum,  payable  semi-annually,  and  may 
be  made  to  mature  in  not  less  than  three  and  not  more  than  ten  years  from 
the  date  of  their  issue. 

(4837-2)  Sec.  2.  [All  other  sections  relating  to  two-mile  as- 
sessment pikes  to  be  in  force.]  All  the  other  provisions  of  chapter 
eight,  title  seven,  of  the  Revised  Statutes  regulating  two-mile  assessment 
pikes  shall  remain  in  full  force  and  applicable  to  improvements  made 
under  this  act  except  where  inconsistent  with  the  foregoing  special 
provisions  or  with  said  sections  4836a,  4836b,  4836c,  48363/ 4836^  and 
4836£. 


LAWS   RELATING  TO  AGRICULTURE.  229 

+i^  •Se^'i48^'  tChan.ges  to  the  improvement  and  assessments  au- 
thorized.] If  at  any  time  after  making  such  final  order  the  commis- 
sioners find  that  there  has  been  an  omission  of  lots  and  lands  within  the 
territory  sought  to  be  assessed,  or  that  there  has  been  manifest  injustice 
m  the  apportionment  of  taxes,  or  that  public  necessity  requires  any 
alteration  m  the  manner  of  the  improvement  as  ordered,  they  may  make 
such  addition  and  re-apportionment  as  they  deem  just  and  proper  and 
such  change  in  the  improvement  as  will  conform  the  same  to  the  public 
requirement. 

Sec.  4839.     [How  proceedings  abandoned  before  contracts     All 

proceedings  relating  to  the  construction  of  such  improvements  may  be 
discontinued  at  any  time  before  a  contract  is  entered  into  for  the 
improvement,  by  the  filing  of  a  notice  with  the  county  auditor,  signed 
by  a  majority  of  the  petitioners  for  the  improvement,  stating  that  they 
will  not  further  prosecute  the  same  and  the  payment  of  all  costs  that 
have  accrued  up  to  the  time  such  notice  is  filed;  and  thereupon  the 
auditor  shall  immediately  notify  the  engineer,  and  cause  all  proceedings 
relating  thereto  to  be  discontinued,  and  the  county  commissioners  at 
their  next  regular  or  called  session,  shall  place  upon  their  records'  an 
order  abandoning  such  proposed  improvement,  and  vacate  and  set  aside 
the  order  for  the  improvement. 

Sec.  4840.  [How  abandoned  after  contract.]  At  any  time  after 
the  contract  for  the  improvement  is  made,  the  commissioners  may,  with 
the  consent  of  the  contractor  for  the  improvement,  or  the  part  or  parts 
thereof  to  be  affected,  and  also  the  consent  of  a  majority  of  the  petitioners 
for  the  improvement  whose  lands  lie  within  two  miles  of  the  part  thereof 
to  be  affected,  vacate  and  set  aside  the  order  for  the  improvement,  or 
any  part  thereof,  or  abandon  any  part  of  such  proposed  improvement,  if 
they  deem  it  proper  and  advisable  to  do  so ;  and  in  such  case,  if  the  order 
as  to  a  part  of  such  improvement  be  set  aside  and  vacated,  or  a  part  of 
such  proposed  improvement  be  abandoned,  such  action  shall  not  in 
any  way  impair  or  affect  any  order,  contract,  or  proceeding  relating  to  the 
remainder  of  the  improvement;  but  no  assessment  shall  be  made  for 
the  remainder  of  any  such  improvement,  upon  any  lands  not  lying 
within  two  miles  of  such  remainder. 

Sec.  4841.  [Engineer  to  be  appointed  to  make  contract  for  im- 
provement of  two-mile  assessment  pike.]  After  making  such  order 
for  an  improvement,  or  for  any  change  in  the  same,  the  commissioners 
shall  appoint  a  competent  engineer  to  superintend  the  performance  and 
completion  of  the  work,  who  shall  enter  into  a  good  and  sufficient  bond, 
with  surety  to  be  approved  by  the  county  commissioners,  conditioned  for 
the  faithful  performance  of  his  duties,  in  a  sum  to  be  fixed  by  said  com- 
missioners, and  an  action  may  be  brought  on  such  bond  by  any  person 
aggrieved  by  a  failure  of  the  engineer  to  do  his  duty,  in  the  name  of 
such  party,  and  recovery  may  be  had  for  his  use  and  benefit.  The 
engineer  shall,  with  the  approval  of  the  county  commissioners,  make  a 
contract  for  the  performance  of  the  work,  and  the  contractor  may  at 
once  enter  upon  the  performance  of  the  work,  under  the  superintendence 
of  the  engineer ;  but  the  improvement  shall  be  let  in  sections  of  not  less 
than  one  half-mile,  by  public  out-cry,  or  sealed  bids,  and  to  the  lowest 
and  best  bidders,  who  shall  give  such  reasonable  security  for  the  proper 
performance  of  his  contract  within  the  time  and  in  the  manner  described, 
as  the  county  commissioners  may  deem  expedient.     The  county  com- 


230  LAWS    RELATING    TO    AGRICULTURE. 

missioners  may,  for  cause,  remove  the  engineer  and  appoint  another  in 
his  place. 

Sec.  4842.  [Commissioners  to  apportion  estimated  expense  of 
improving  free  turnpikes.]  The  commissioners,  when  any  such  im- 
provement is  ordered,  shall  immediately  appoint  three  disinterested  free- 
holders of  the  county,  who  shall,  upon  actual  view  of  the  premises, 
apportion  the  estimated  expense  thereof  upon  the  real  property  embraced 
in  the  order,  according  to  the  benefit  to  be  derived  therefrom,  and  report 
the  same  to  the  county  auditor ;  and  in  making  such  apportionment,  they 
shall  take  into  consideration  all  previous  special  assessments,  or  special 
taxes  made  upon  such  real  property  for  the  improvement  of  any  road, 
and  any  benefit  which  will  accrue  to  any  land  by  reason  of  drainage 
resulting  from  the  making  of  the  improvement ;  and  if  any  of  the  lands 
to  be  assessed  are  subject  to  a  life  estate,  the  assessment  made  thereon 
shall  be  apportioned  between  the  owner  of  the  life  estate  and  the  owner 
of  the  fee,  in  proportion  to  the  relative  value  of  their  respective  estates, 
such  proportion  to  be  ascertained  upon  the  principles  applicable  to  life 
annuities. 

Sec.  4843.  [Notice  and  proceedings  on  report.]  When  the  re- 
port of  the  committee  is  returned,  the  county  auditor  shall  give  notice 
thereof  by  publication  in  some  newspaper  published  and  of  general  circu- 
lation in  the  county,  for  at  least  three  consecutive  weeks,  of  the  time 
when  the  commissioners  will  meet  at  the  county  auditor's  office  to  hear 
the  same;  and  on  the  day  named  in  the  notice  the  commissioners  shall 
meet,  and  if  no  exceptions  have  been  filed  to  the  report,  shall 
confirm  the  same;  but  if  exceptions  in  writing  have  been  filed  by 
any  of  the  owners  of  the  lands  affected  thereby,  they  shall  first  proceed 
to  hear  such  exceptions,  and  for  that  purpose  shall  hear  any  testimony 
offered  by  any  party  interested,  and  either  of  the  commissioners  may 
administer  oaths  to  witnesses ;  and  after  such  hearing  they  may  either 
confirm  the  report,  change  it,  or  refer  it  to  a  new  committee  of  three 
disinterested  freeholders. 

Sec.  4844.  [Proceedings  on  a  re-reference.  1  If  the  report  be  re- 
ferred, the  new  committee  shall,  upon  actual  view  of  the  premises, 
report  a  new  apportionment,  or  recommend  the  confirmation  of  the 
former  report ;  upon  the  return  of  such  report  to  the  county  auditor,  the 
same  proceedings  shall  be  had  as  upon  the  return  of  the  first  report, 
except  that  there  shall  not  be  a  re-reference  to  another  committee ;  and  the 
final  action  of  the  commissioner [s]  shall  be  entered  upon  their  records, 
together  with  the  report  as  confirmed,  showing  how  the  estimated  expense 
has  been  apportioned  upon  the  lands  ordered  to  be  assessed. 

Sec.  4845.  [Assessment  may  be  increased  or  diminished.]  After 
the  work  is  completed,  the  county  auditor,  before  placing  the  assess- 
ment upon  the  duplicate,  shall  add  to  or  deduct  from  the  estimate,  pro 
rata,  the  amount  that  the  actual  expense  may  be  found  to  be  more  or 
less  than  the  estimate;  all  assessments  on  lands,  under  the  provision  of 
this  chapter,  shall  be  placed  upon  a  special  duplicate,  to  be  provided  bv 
the  county  auditor,  at  the  expense  of  the  county ;  and  the  costs  and 
expenses  of  the  preliminary  survey,  proceedings,  and  report  of  the 
improvement,  shall  be  paid  out  of  the  county  treasurv. 

Sec.  4846.  [Commissioners  may  issue  bonds  to  meet  expenses 
of  road  improvements.]  For  the  purpose  of  raising  the  money  neces- 
sary to  meet  the  expense  of  the  improvement,  the  commissioners  of 
the  county  may  issue  the  bonds  of  the  county,  payable  in  installments, 


LAWS   RELATING  TO   AGRICULTURE.  231 

or  at  intervals  not  exceeding  in  all  the  period  of  twenty  years,  bearing 
interest  at  the  rate  not  to  exceed  six  per  cent,  per  annum,  payable  semi- 
annually, which  bonds  shall  not  be  sold  for  less  than  their  par  value; 
the  assessment  shall  be  divided  in  such  manner  as  to  meet  the  payment 
of  principal  and  interest  of  the  bonds;  be  placed  upon  the  duplicate 
for  taxation  against  the  lands  assessed,  and  collected  in  the  same  man- 
ner as  other  taxes;  and  when  collected,  the  money  arising  therefrom 
shall  be  applied  for  no  other  purpose  than  the  payment  of  the  bonds 
and  interest;  but  the  county  commissioners  shall  build  all  bridges  and 
culverts  on  the  improvement,  and  pay  for  the  same  out  of  the  bridge 
fund  of  the  county :  and  no  bonds  shall  be  delivered,  or  money  paid  to 
any  contractor,  except  on  the  estimate  of  work  done,  as  the  same  pro- 
gresses, or  is  completed. 

Sec.  4847.  [When  assessment  is  insufficient.]  If  it  be  ascer- 
tained by  the  county  auditor  that  the  assessments  on  land  upon  the  dupli- 
cate are  not  sufficient  to  pay  for  the  construction  of  any  such  road,  he 
shall  add  to  the  assessments,  pro  rata,  the  amount  that  the  actual  ex- 
pense is  found  to  be  more  than  the  assessments  on  the  duplicate,  and 
the  additional  assessments  shall  be  placed  upon  the  same  duplicate  with 
previous  assessments  for  the  construction  of  the  same  road,  and  shall 
be  collected  in  like  manner. 

Sec.  4848.  [How  excess  of  assessments  on  two-mile  turnpikes 
distributed.]  Any  balance  of  assessments  made  for  the  construction 
of  any  such  road  remaining  in  any  county  treasury,  after  the  payment 
of  all  expenses  incurred,  on  account  of  the  road,  shall  be  certified  by  the 
county  auditor  into  the  treasuries  of  the  townships  through  which  the 
road  is  located,  proportionately  to  the  amount  paid  for  the  making  of 
the  same  in  each  of  the  townships,  to  be  expended  under  the  order  of 
the  township  trustees  in  repairing  the  road ;  but  in  counties  where  the 
county  commissioners  are  constituted  a  board  of  turnpike  directors,  such 
unexpended  balance  shall  be  transferred  to  the  general  improved  road 
repair  fund  of  such  county. 

Sec  4849.  [Compensation  and  fees.]  The  compensation  of  per- 
sons employed  under  this  chapter  shall  be  fixed  by  the  county  com- 
missioners, and  shall  not  exceed  three  dollars  per  day;  but  the  sur- 
veyor or  engineer  and  the  county  auditor  shall  receive  such  compensa- 
tion for  their  services  as  is  fixed  by  law  for  the  compensation  of  the 
county  surveyor  and  county  auditor  respectively  for  like  services  in 
other  cases. 

Sec  4850.  [Cities  and  villages  may  assist  in  constructing  im- 
proved road.  J  When  any  road  to  be  improved  under  and  by  virtue  of 
this  chapter  begins  or  terminates  in  a  city  or  village,  the  corporate 
authorities  thereof  may,  upon  the  recommendation  of  the  county  com- 
missioners, if  they  deem  the  same  expedient,  agree  to  pay  in  the  bonds  of 
such  city  or  village,  in  the  manner  and  proportions  described  in  sections 
forty-eight  hundred  and  forty-six,  in  addition  to  any  amount  that  may 
be  assessed  upon  the  real  property  within  such  corporation  by  virtue 
of  the  provisions  of  this  chapter,  an  amount  not  exceeding  one-fifth 
of  the  entire  cost  of  the  road ;  but  the  entire  tax  to  be  imposed  for  road 
purposes,  bv  virtue  of  this  section,  shall  not  in  any  year  exceed  five  mills 
on  the  dollar  of  the  taxable  property  in  the  corporation. 

Sec  4851.  [Cities  in  adjoining  counties  may  aid.]  When  it  is 
desirable  or  expedient   to  continue   any   road   contemplated   under  this 


232  LAWS   RELATING    TO   AGRICULTURE. 

chapter,  into  or  through  an  adjoining  county,  the  city  council  of  any 
city  of  the  first  or  second  class  may,  upon  the  application  and  recom- 
mendation of  the  county  commissioners  of  such  county,  if  the  council 
deem  the  same  promotive  of  the  general  interests  of  such  city,  aid  in 
the  construction  of  the  road  to  an  extent  not  exceeding  one-fifth  of  its 
cost,  the  payment  of  the  same  to  be  provided  for  in  the  manner  and 
proportions  described  in  section  forty-eight  hundred  and  forty-six. 

Sec.  4852.  [Plats,  profiles,  and  surveys  to  be  preserved.]  All 
plats,  profiles,  and  surveys,  on  applications  for  road  improvements,  when 
the  application  fails,  and  the  county  commissioners  refuse  to  order  the 
construction  of  the  road,  shall  be  carefully  preserved  in  the  office  of 
the  county  auditor,  and  the  county  commissioners  are  authorized  to 
use  the  same,  if  practicable,  on  any  new  application  for  the  same  road, 
or  any  part  of  the  same  road;  and  upon  such  use  of  plats,  profiles,  or 
surveys,  or  any  part  thereof,  the  persons  originally  charged  with  the 
cost  of  the  same  shall  be  paid  therefor,  or  such  part  thereof  as  may  be 
so  used,  in  the  manner  provided  by  law. 

Sec  4853.  [Commissioners  may  receive  donations,  and  contract 
for  material.]  The  commissioners  may  receive  subscriptions  and  do- 
nations, in  money,  or  real  or  personal  property,  which  shall  be  applied 
to  the  construction  or  improvement  of  the  road,  and  may  contract  for 
and  purchase  such  stone,  gravel,  or  other  material  as  may  be  necessary 
for  the  construction  and  repair  of  the  road. 

Sec  4854.  [Appointment  of  appraisers  of  material.]  If  the 
commissioners  and  owners  of  such  stone,  gravel,  or  other  material  can 
not  agree  on  a  price  deemed  fair  and  reasonable,  the.  commissioners 
may  apply  to  the  judge  of  the  probate  court  of  the  county,  or  if  such 
material  is  located  in  another  county  than  that  in  which  the  road  is 
located,  then  to  the  judge  of  the  probate  court  of  the  county  in  which 
such  material  is  located,  to  appoint  appraisers  to  assess  the  value  of 
the  material ;  thereupon  an  order  shall  be  entered  of  record  in  the 
office  of  such  probate  court,  directing  that  notice  in  writing  be  served 
by  the  commissioners,  upon  the  person  whose  property  is  sought  to  be 
appropriated,  not  less  than  ten  days  before  the  further  proceedings  herein 
provided  for  shall  be  had ;  and  such  notice  shall  contain  a  brief  descrip- 
tion of  the  property  sought  to  be  appropriated,  and  state  the  use  to 
which  it  is  to  be  put,  and  the  time  when  further  proceedings  shall 
be  had. 

Sec  4855.  [Their  duties  and  their  award.]  Upon  the  day  so 
fixed,  the  probate  court,  before  whom  such  application  is  filed  shall 
appoint  three  disinterested  freeholders,  who,  after  being  duly  sworn  to 
impartially  assess  the  value  of  the  material,  or  any  part  of  the  same, 
shall  enter  upon  the  premises  of  the  owner  and  assess  the  value  thereof; 
and  they  shall  also  assess  the  damages  that  will  accrue  to  the  owner  by 
the  removal  of  the  material  through  his  premises,  and  shall,  within  ten 
days  after  their  appointment,  return  their  award  to  the  probate  court. 

Sec  4856.  [Affirmance  of  the  award.]  The  judge  of  the  pro- 
bate court  shall,  upon  the  return  of  the  award,  furnish  the  commis- 
sioners, on  application,  a  copy  of  the  same,  and  also  furnish  a  copy  to 
the  owner  of  the  material ;  and  thereupon,  if  neither  party  signify  an 
intention  to  appeal  to  the  court  of  common  pleas,  the  probate  court  shall 
at  once  render  judgment  for  the  amount  of  compensation  and  damages 
awarded  by  the  appraisers,  and  order  that,  upon  payment  of  such  sums 


LAWS   RELATING   TO   AGRICULTURE.  233 

and  costs,  the  commissioners  may  enter  upon  the  lands,  either  inclosed 
or  unmclosed,  and  remove  such  material  as  may  be  required  to  make 
the  road.  ^ 

Sec.  4857.  [Appeals  to  the  common  pleas.]  An  appeal  from  the 
decision  of  the  appraisers  to  the  court  of  common  pleas  may  be  allowed, 
it  taken  within  thirty  days  after  the  rendering  of  the  award;  either 
party  desiring  to  appeal  shall  give  notice  at  the  time,  or  within  three 
days  thereafter,  of  his  intention  to  appeal  to  the  court  of  common  pleas 
and  thereupon  the  probate  court  shall  require  such  appellant  to  enter 
into  a  bond,  m  a  sum  not  exceeding  the  value  of  the  property  sought  to 
be  appropriated,  conditioned  that  the  appellant  shall  perform  the  judg- 
ment of  the  court  of  common  pleas,  and  pay  all  costs  and  damages 
adjudged  or  ordered  by  such  court;  when  such  bond  is  filed,  the  probate 
court  shall  send  all  the  original  papers  in  the  proceeding,  with  a  certi- 
fied copy  of  the  journal  entries  made  in  the  cause,  to  the  clerk  of  the 
court  of  common  pleas ;  and  in  that  court  a  jury  of  twelve  men  shall  be 
impaneled  according  to  law,  to  try  and  determine  the  amount  of  com- 
pensation and  damages  that  shall  be  awarded,  and  such  proceedings 
shall  be  had  as  are  provided  by  law  to  appropriate  private  property  for 
public  use ;  but  such  appeal  shall  not  prevent  the  immediate  entry  upon 
the  premises  by  the  commissioners,  for  the  purpose  of  taking  material. 

Sec.  4858.     [When  the  road  is  in  more  than  one  county.]     When 
any   proposed   road   improvement   contemplated   by   this    chapter    is   in 
more   than   one   county,   application   shall   be   made   by   petition   to   the 
commissioners  of  each  of  the  counties,  and  the  commissioners  of  such 
counties,   upon   the   petition   and   bond   being   filed   in   their   respective 
counties,  shall  meet  in  joint  session,  at  such  time  and  place  as  the  auditor 
of  the  county  in  which  there  is  more  of  such  proposed  improved  road 
located  than  in  any  other  county  shall  appoint,  in  a  notice  to  the  audi- 
tors of  each  of  the  counties  in  which  the  petition  has  been  filed.     The 
auditor  of  the  county  in  which  the  joint  board  meets  shall  be  the  clerk 
of  the  board,  and  furnish  a  certified  copy  of  the  proceedings  to  each  of 
the  counties  interested.     The  said  joint  board  shall  not  order  such  im- 
provement made  until  the  said  petitions   are  respectively  signed  by  a 
majority  of  the  resident  land  owners  of  the  county  wherein  such  peti- 
tion is  filed,  whose  lands  will  be  assessed  to  pay  the  expenses  of  said 
improvement.     The  petitioners  shall  have  the  qualifications  required  in 
section  four  thousand  eight  hundred  and  thirty-six  (4836).     The  view- 
ers, surveyors  and  engineers,  persons  to  apportion  the  estimated  expense 
of   the   improvement   shall   have   the   qualifications   required,    when   the 
improvement  is  confined  to  one  county.     And  the  viewers  and  persons 
to  apportion  the  estimated  expense  shall  be  appointed  so  as  to  allow 
one  at  least  to  each  county,  if  there  are  not  more  counties  than  there 
are  persons  to  be  appointed.     There   shall  be   separate  reports  of  the 
viewers  and  of  the  persons  to  apportion  the  expenses,  for  so  much  of 
such  improvement  as  lies  in  each  county,  which  shall  be  filed  with  the 
clerk  of  the  joint  board.     If  any  person  appointed  to  perform  duty  under 
the  provisions  of  this  chapter  shall  be  unable  to  perform   such   duty, 
the  commissioners,  or  joint  board  of  commissioners,  as  the  case  may  be, 
shall  appoint  another  person  to  fill  the  vacancy.     The  assessments  shall 
be  paid  into  the  county  treasury  of  the  county  where  the  lands  assessed 
are  located ;    and  the  money  shall  be  paid  out  on  the  order  of  the  joint 
board.     A  majority  of  the  joint  board  shall  have  power  to  make  findings 
and  orders  necessary  to  carry  out  the  provisions  of  this  section;    but 


234  LAWS   RELATING   TO   AGRICULTURE. 

such  majority  shall  be  composed  of  at  least  one  commissioner  from  each 
county  in  which  the  improvement  is  located.  In  all  matters  not  herein 
provided  for  the  joint  board  shall  proceed  according  to  the  provisions 
of  this  act.  But  proceedings  already  commenced  shall  be  continued  as 
if  this  act  was  not  passed. 

Sec.  4859.  [Appeals  in  such  cases.]  Applications  may  be  made 
by  the  joint  board,  to  the  probate  judge  of  the  county  in  which  stone, 
gravel,  or  other  material  is  located,  to  appoint  appraisers  to  assess  the 
value  thereof,  and  damages,  and  like  proceedings  shall  be  had  thereon 
as  are  provided  in  other  cases;  and  any  person  feeling  aggrieved  by 
any  decision  of  such  appraisers  may  appeal  from  such  decision  to  the 
probate  court  of  such  county,  and  such  proceedings  shall  then  be  had  as 
are  provided  for  appeals  in  section  forty-eight  hundred  and  thirty-four, 
and  such  orders  and  judgments  be  rendered  as  are  there  provided  for, 
and  the  necessities  of  the  case  may  require. 

Sec.  4S60.  [Assessments  for  two-mile  assessment  pikes,  how 
enforced;  issue  of  bonds  to  the  amount  of  delinquencies.]  When  an 
assessment,  made  upon  any  real  estate  by  virtue  of  proceedings  had  under 
this  chapter,  remains  unpaid  for  the  period  of  one  year  after  the  same 
is  placed  upon  the  special  duplicate,  the  auditor  of  the  county  in  which 
such  real  estate  is  situate,  shall,  unless  otherwise  ordered  by  the  county 
commissioners,  place  the  same  upon  the  general  duplicate  for  collec- 
tion, together  with  a  penalty  of  six  per  cent,  per  annum  as  county  im- 
proved road  taxes,  and  the  amount  of  delinquent  tax  thus  placed  on 
the  general  duplicate  shall  be  charged,  respectively,  to  the  several  im- 
proved roads  on  account  of  which  such  assessments  have  been  made  as 
a  transfer  from  the  county  improved  road  fund  And  the  commis- 
sioners of  the  county  are  hereby  authorized  to  issue  county  improved 
road  bonds  not  exceeding  the  amount  of  such  delinquencies  after  each 
semi-annual  settlement  between  the  auditor  and  treasurer  for  a  term 
of  years,  not  exceeding  three,  at  a  rate  of  interest  not  exceeding  six 
per  cent.,  payable  semi-annually,  and  for  the  payment  of  which  both 
the  principal  and  interest,  the  faith  of  the  county  shall  be  pledged,  and 
the  money  arising  from  the  sale  of  the  same  shall  be  charged  to  the 
county  improved  road  fund ;  and  the  commissioners,  in  their  annual 
report  to  the  court  of  common  pleas,  shall  fully  set  forth  the  amount  of 
tax  transferred  and  bonds  sold  as  provided  in  this  section. 

Sec.  4861.  [Improved  roads  may  be  surrendered  to  county  com- 
missioners.] Any  road,  or  part  thereof,  constructed  or  improved  by 
any  corporate  body,  or  otherwise,  may,  after  the  completion  thereof, 
with  the  consent  of  the  stockholders  or  contributors  thereto,  be  relin- 
quished and  transferred,  without  consideration,  to  the  commissioners  of 
any  county  in  or  through  which  it  is  located,  together  with  all  rights 
and  privileges  appertaining  thereto  —  such  transfer  or  relinquishment 
to  be  evidenced  by  a  written  declaration,  executed  by  the  president  and 
secretary  of  such  corporate  body,  or  by  the  other  owners ;  and  upon  the 
deposit  of  such  instrument  of  writing,  duly  executed,  with  the  county 
auditor,  the  commissioners,  if  satisfied  that  such  road  has  been  built 
in  such  manner  as  to  make  -a  good  and  lawful  turnpike,  and  that  there 
are  no  debts  against  the  same  for  the  construction  thereof,  shall,  by  a 
proper  order,  cause  the  road  to  be  entered  of  record  as  a  free  turnpike, 
within  the  meaning  of  this  chapter,  and  thereafter  such  road  or  part 
thereof  transferred  shall  be  a  free  road,  and  shall  be  kept  in  repair  as 
provided  in  chapter  [ten]. 


LAWS    RELATING   TO   AGRICULTURE.  235 

Sec.  4862.  [County  may  purchase  roads.]  The  county  commis- 
sioners of  any  county  may  purchase  and  make  free  any  turnpike  road 
or  part  of  such  road,  within  the  limits  of  their  respective  counties  on  the 
conditions  and  by  the  procedure  which  are  provided  for  the  construc- 
tion or  improvement  of  roads  in  this  chapter. 

Sec.  4863.  [Who  may  take  advantage  of  errors.]  No  perbon 
shall  be  permitted  to  take  advantage  of  any  error  committed  in  any 
proceeding  to  lay  out,  construct,  or  improve  a  road  under  and  by  virtue 
of  this  chapter,  nor  of  any  error  committed  by  the  countv  commissioners 
or  county  auditor,  or  by  the  engineer  or  surveyor,  or  other  person,  in 
the  proceeding  to  lay  out,  construct,  or  improve  such  road,  nor  of  any 
informality,  error,  or  defect  appearing  in  the  record  of  such  proceeding, 
unless  the  party  complaining  is  affected  thereby. 

Sec.  4864.     [How  far  proceedings  may  be  declared  void.]     But 

the  court  m  which  any  action  is  now  pending,  or  may  hereafter  be  brought 
to  enjoin,  reverse,  or  declare  void  the  proceedings  by  which  any  such  . 
road  has  been  laid  out,  constructed,  or  improved,  or  ordered  to  be  laid 
out,  constructed  or  improved,  or  to  enjoin  the  collection  of  any  tax  or 
assessment  levied  or  ordered  to  be  levied,  for  the  purposes  aforesaid,  or 
of  either,  may,  if  there  be  manifest  error  in  such  proceedings  affecting 
the  rights  of  the  plaintiff  in  such  action,  set  the  same  aside  as  to  him, 
without  affecting  the  rights  or  liabilities  of  the  other  parties  in  interest ; 
the  court  shall,  on  the  final  hearing,  make  such  order  in  the  premises 
as  may  seem  equitable  and  just,  and  may  order  the  tax  assessment 
levied  against  the  plaintiff  to  remain  on  the  duplicate  for  collection,  or 
to  be  again  levied  in  whole  or  in  part,  or  may  perpetually  enjoin  the 
same,  or  any  part  thereof;  the  costs  of  such  action,  and  of  the  proceed- 
ings had  therein,  shall  be  apportioned  among  the  parties,  or  paid  out 
of  the  county  treasury,  in  whole  or  in  part,  as  justice  may  require  and 
the  court  direct ;  and  this  and  the  preceding  sections  shall  govern  actions 
or  proceedings  now  pending,  so  far  as  the  same  are  applicable. 


CONVERTING  TOLL  ROADS. 

Sec.  4865.  [Owners  may  propose  to  commissioners  to  sell  toll 
road.]  The  duly  constituted  officers  of  any  incorporated  turnpike 
company  may,  after  obtaining  the  written  consent  of  the  owners  of  a 
majority  of  its  stock,  make  a  proposition  to  the  county  commissioners 
of  the  county  in  which  its  road,  or  any  part  thereof,  is  located,  for  the 
sale  of  such  road,  or  any  part  thereof,  in  order  that  the  same  may  be 
converted  into  a  free  road  as  hereinafter  provided. 

Sec.  4866.  [Appraisement  of  the  road  and  bridges.]  The  county 
commissioners,  upon  the  receipt  of  such  proposition  of  sale,  shall  ap- 
point three  competent  disinterested  freeholders  of  the  county  appraisers, 
who  shall,  upon  actual  view  of  the  road,  make  and  return  to  the  com- 
missioners, under  oath,  their  appraisement  of  the  actual  cash  value 
thereof,  and  the  actual  cash  value  of  the  bridges  and  culverts  which  have 
been  built  thereon  by  such  company. 

Sec.  4867,  [The  commissioners  may  propose  to  buy.]  The 
commissioners,  at  their  next  regular  meeting  after  the  receipt  of  the 
report  of  the  appraisers,  shall,  if  they  deem  the  valuation  reasonable, 
make  a  proposition  to  such  officers  for  the  purchase  of  the  road,  or  any 
part  thereof,  at  the  value  reported  by  the  appraisers,  on  the  condition 


236  LAWS    RELATING   TO   AGRICULTURE. 

that  a  majority  of  the  resident  land  owners  along  and  adjacent  to  the 
line  of  the  road,  whose  lots  and  lands  will  be  assessed  for  the  purchase 
of  the  same,  shall  petition  the  county  commissioners  for  an  assessment, 
as  provided  in  section  forty-eight  hundred  and  sixty-nine. 

Sec.  4868.  [Company  may  accept  proposal.]  The  officers  of 
such  company  may,  after  obtaining  the  written  consent  of  the  owners  of  a 
majority  of  the  stock  of  the  company,  accept  the  proposition  of  the 
commissioners  for  the  purchase  of  the  road,  or  any  part  thereof,  situ- 
ate in  the  county;  and  such  acceptance  shall  be  binding  upon  the 
company  for  the  space  of  six  months  succeeding  the  date  thereof. 

Sec.  4869.  [Petition  of  land-owners  for  purchase.]  After  the 
filing  of  such  acceptance  with  the  commissioners,  the  resident  land- 
owners along  and  adjacent  to  the  line  of  the  road,  whose  lots  and  lands 
will  be  assessed  for  the  purchase  of  the  same,  may  petition  the  county 
commissioners  of  the  county  through  which  the  road  or  any  part 
thereof  runs,  for  the  purchase  of  the  road  at  the  appraised  value,  that 
the  bonds  of  the  county  be  issued  to  such  company  according  to  its 
acceptance,  and  that  a  sum  sufficient  to  pay  the  amount  with  which  they 
will  be  charged,  together  with  the  interest,  may  be  assessed  upon  the 
lots  and  lands  which  would  be  benefited  by  the  conversion  of  the  road 
into  a  free  road,  within  no  greater  distance  than  two  miles  thereof. 

Sec.  4870.  [County  to  pay  for  bridges.]  The  cash  value  of  the 
bridges  and  culverts  which  have  been  built  by  the  company,  as  appraised 
by  the  appraisers,  shall  be  paid  by  the  county  commissioners  out  of  the 
bridge  fund  of  the  county,  less  any  amount  they  may  have  theretofore 
appropriated. 

Sec.  4871.  [How  assessments  made.]  In  ascertaining  what  lots 
and  lands  are  benefited,  and  to  what  extent  each  piece  shall  be  assessed 
for  the  purchase,  and  whether  a  majority  of  the  owners  thereof  have 
petitioned  therefor,  the  county  commissioners,  auditor,  and  treasurer 
shall  have  the  same  power  and  authority  provided  in  chapter  eight, 
and  be  governed  in  the  assessment  and  collection  of  taxes  to  pay  for 
the  road  so  purchased,  and  in  all  other  respects,  so  far  as  the  same  may 
be  applicable,  by  the  provisions  of  that  chapter. 

Sec.  4872.  [How  put  in  proper  condition  and  kept  in  repair.] 
After  the  purchase  of  any  such  road  by  the  commissioners  it  shall  im- 
mediately become  a  free  road,  to  be  kept  in  repair  as  provided  in  chapter 
ten;  but  if  the  county  commissioners  are  of  opinion  that  such  road  is 
not  in  repair  and  condition  equal  to  free  turnpikes  in  the  vicinity  thereof, 
they  are  authorized,  at  their  discretion,  to  assess  on  the  lands  taxed  for 
the  purchase  thereof  an  amount  which  will,  in  their  judgment,  put  it 
in  repair  equal  to  the  free  turnpikes ;  such  assessment  shall  be  made 
upon  the  lands  taxed  for  the  conversion  of  the  toll  road  into  a  free 
road,  and  in  the  same  proportion,  be  placed  upon  the  same  special 
duplicate,  and  collected  at  the  same  time  and  in  the  same  manner  as 
the  taxes  for  the  purchase  of  the  toll  road  are  collected,  and  when  col- 
lected be  applied  by  the  county  commissioners  in  the  repair  of  the  road, 
and  for  no  other  purpose. 

Sec.  4873.  [Fees  of  officers  and  others.]  The  officers  and  other 
persons  who  perform  service  under  this  chapter  shall  be  allowed  the 
same  fees  as  they  are  allowed  for  like  services  in  other  cases,  and  may 
be  paid  out  of  the  fund  created  by  this  chapter,  or  out  of  any  funds  in 
the  county  treasury  not  otherwise  appropriated. 


LAWS   RELATING   TO   AGRICULTURE.  237 

Sec.  4874.  [Owners  of  certain  roads  may  sell  the  same.]  A  per- 
son owning  the  right  to  take  toll  on  any  toll  road,  or  the  road  of  any 
mcorporated  turnpike  company,  which  right  has  been  purchased  under 
the  provisions  ^  of  the  act  of  the  general  assembly  passed  February  8, 
1826,  entitled  "an  act  for  the  regulation  of  turnpike  companies,"  may 
sell  such  right  to  the  county  commissioners  of  the  county  in  which  the 
road  or  any  part  thereof  is  located,  in  conformity  with  the  provisions 
of  this  chapter,  so  far  as  the  same  may  be  applicable. 

Sec.  4875.  [To  be  a  free  road.]  After  the  purchase  of  such  right 
by  the  commissioners,  the  road  shall  immediatelv  thereafter  become  a 
free  road,  for  the  period  over  which  such  right  extends. 


REPAIR  OF  IMPROVED  ROADS. 

Sec.  4876.  [Improved  roads  to  be  repaired.]  All  macadamized 
or  graveled  roads  which  are  free  roads,  whether  constructed  under  gen- 
eral or  local  laws  by  taxation  or  assessment,  or  both,  or  converted  by 
purchase  or  otherwise  from  a  toll  road  into  a  free  road  under  any  law, 
and  all  turnpike  roads,  or  parts  thereof,  unfinished  or  abandoned  by 
any  turnpike  company,  and  appropriated  or  accepted  by  the  commis- 
sioners of  the  county,  shall  be  kept  in  repair  as  provided  in  this  chapter.* 

Sec.  4889.  [Townships  in  certain  counties  made  road  districts.] 
Each  township  in  the  counties  of  Belmont,  Butler,  Carroll,  Champaign, 
Clermont,  Clinton,  Columbiana,  Cuyahoga,  Darke,  Delaware,  Erie, 
Franklin,  Geauga,  Greene,  Hamilton,  Harrison,  Licking,  Lucas,  Mont- 
gomery, Muskingum,  Ottawa,  Preble,  Portage,  Pickaway,  Ross,  Stark, 
Summit,  Trumbull,  Tuscarawas,  Washington,  Warren  and  Wayne  in 
which  any  such  free  road  is  located,  shall  be  a  road  district  for  the  care 
and  maintenance  thereof. 

Sec.  4889a.  [Certain  repairs  in  Pickaway  county.]  In  Pickaway 
county,  the  county  commissioners  shall  repair  all  embankments  or  levees, 
on  which  free  turnpike  roads  are  located,  which  have  been  constructed 
to  prevent  overflows  and  inundations  of  said  free  turnpikes,  and  the 
expense  of  repairing  such  embankments  or  levees,  or  free  turnpikes 
constructed  thereon,  shall  be  paid  out  of  the  money  raised  by  taxation 
for  road  or  bridge  purposes  in  said  county. 

Sec.  4890.  [Auditor  to  give  notice  to  township  clerk.]  Unless 
such  notice  has  heretofore  been  given,  the  auditor  of  each  of  said  coun- 
ties shall  immediately  give  notice  to  the  clerk  of  each  township  in  which 
any  such  road  is  located,  that  the  trustees  are  required  to  take  the  charge 
and  control  thereof;  and  the  auditor  shall  give  the  like  notice  upon  the 
acceptance  or  appropriation  of  any  other  macadamized  or  graveled  road 
by  the  county  commissioners. 

Sec.  4891.  [Township  trustees  charged  with  the  repair  of  im- 
proved roads.]  The  township  clerk,  on  receipt  of  such  notice  from 
the  auditor,  shall  immediately  notify  the  township  trustees  of  such  fact, 
who  shall,  upon  receipt  of  the  notice,  have  full  charge  and  control  of 
all  such  roads  as  are  herein  provided  for  within  their  townships;  and 
the  trustees  shall  divide  such  road,  or  roads,  into  sections  of  not  less 
than  one-half  mile  each,  and  shall  keep  them  in  repair,  and  in  good 


238  LAWS   RELATING   TO   AGRICULTURE. 

condition  for  all  kinds  of  public  travel,  and  for  that  purpose  they  are 
invested  with  all  necessary  powers  as  to  drainage,  the  purchase  of  stone, 
gravel,  or  other  material,  or  if  necessary,  the  condemnation  of  such  ma- 
terial for  the  repair  of  the  roads  within  their  townships,  as  are,  or  may 
be  conferred  by  law  upon  county  commissioners. 

Sec.  4892.  [Trustees  may  assign  roads  to  supervisors.]  The 
trustees  may  at  their  regular  March  session  each  year  apportion  and 
assign  to  the  several  supervisors  of  roads  in  their  townships,  or  to  other 
suitable  persons,  such  road  or  roads,  or  any  part  or  parts  thereof  in  the 
road  districts  of  such  supervisors  respectively,  to  be  by  such  supervisors, 
or  by  such  other  suitable  persons  kept  in  repair  as  required  in  section 
forty-eight  hundred  and  ninety-one  and  under  the  control  and  super- 
vision of  the  trustees.  And  all  money  paid  out  of  the  township  treasury 
for  the  repair  or  improvement  of  such  roads  shall  be  paid  to  the  person 
performing  such  labor,  on  the  order  of  the  trustees  of  such  township. 

Sec.  4893.      [Trustees  to  report  annually  to  commissioners.]    The 

trustees  shall  transmit  to  the  commissioners  of  the  county,  prior  to  their 
regular  quarterly  meeting  on  the  first  Monday  of  June  in  each  year,  a 
statement  showing  the  number  of  miles  of  free  gravel  roads  in  their 
township,  the  amount  of  levy  made  for  road  purposes,  and  the  pro  rata 
of  the  same  set  apart  for  keeping  such  roads  in  repair  and  expended  on 
the  same,  and  the  conditions  in  which  such  roads  are  for  public  travel. 

Sec.  4894.  [Trustees  shall  set  off  persons  and  districts  for  repair 
of  roads ;  labor  on  roads ;  improved  road  fund ;  use  of  tools  owned  by 
township;  transfer  of  certain  funds  to  be  used  for  such  repairs.]  The 
trustees  shall  provide  means  for  keeping  in  repair  all  such  roads  within 
their  township,  and  for  that  purpose  shall  set  of!  persons  and  districts ; 
such  persons  shall  perform  their  two  days'  labor  as  required  by  law* 
and  also  labor  in  commutation  of  taxes,  the  same  to  be  worked  out 
under  the  direction  of  such  supervisors  or  such  other  suitable  persons, 
as  provided  in  sections  forty-eight  hundred  and  ninety-one  and  forty- 
eight  hundred  and  ninety-two,  and  under  the  control  and  supervision  of 
the  trustees,  and  such  supervisors  or  other  suitable  persons  shall  be 
authorized  to  give  receipts  therefor :  and  such  trustees  shall  set  off,  from 
the  common  road  fund  of  their  township,  such  amount  as  to  them  shall 
seem  equitable,  to  be  an  improved  road  fund,  especially  applicable  to 
the  care  and  improvement  of  such  roads,  and  may  also  allow  the  use 
of  any  plows,  scrapers,  or  other  implements  owned  by  the  township  for 
road  purposes,  and  in  any  county  in  which  said  improved  roads  have 
been  placed  under  the  control  of  the  county  commissioners,  any  funds 
set  apart  or  collected  in  any  township  for  the  repair  of  such  roads,  or 
any  balance  thereof  remaining  in  any  township  treasury,  may,  by  the 
township  trustees,  be  transferred,  and  used  for  the  repair  of  any  roads 
in  the  township,  as  said  trustees  may  deem  necessary. 

Sec.  4895.  [County  commissioners  may  levy  additional  tax  for 
road  purposes.]  If  the  tax  levied  by  the  township  trustees  and  the 
road-labor  where  applied  to  such  improved  roads  are  found  by  the  county 
commissioners  to  be  insufficient  to  keep  such  roads  in  good  repair,  they 
may  determine  and  levy  an  additional  per  centum  of  extra  road  tax, 
to  be  levied  upon  the  taxable  property  of  the  county,  not  exceeding  two 
mills  on  the  dollar  in  any  year ;  and  the  same  shall  be  collected  as  other 
taxes,  and  when  collected,  shall  be  paid  by  the  county  treasurer  to  the 
township  treasurers,  upon  the  order  of  the  county  commissioners  in 


LAWS    RELATING    TO    AGRICULTURE.  239 

such  proportion  as  they  may  determine  to  be  just  and  equitable  between 
the  several  townships  in  which  the  roads  are  located,  and  shall  be  ex- 
pended upon  such  improved  roads,  in  accordance  with  the  foregoing 
provisions ;  or  the  county  commissioners  shall,  in  any  townships  within 
their  respective  counties,  in  which  such  roads  are  not  kept  in  good  repair 
as  heretofore  provided,  levy  an  additional  tax  to  that  levied  by  the  trus- 
tees thereof,  on  all  the  taxable  property  of  the  township,  on  the  basis 
of  the  number  of  miles  of  improved  road  or  roads,  within  the  township, 
sufficient  to  keep  the  same  in  good  repair,  to  be  collected  as  other  taxes 
are,  and  paid  over  to  the  treasurer  of  the  township  on  which  such  levy 
is  made,  and  shall  be  expended  by  the  trustees  thereof  on  the  improved 
roads  within  their  township,  so  as  to  keep  the  same  in  good  repair. 

Sec.  4895a.  [Road  districts  created  in  Champaign  county.] 
Each  township  in  all  counties  which  at  the  federal  census  of  1880  had, 
or  at  any  subsequent  federal  census  shall  have,  a  population  of  not  less 
than  27,817  nor  more  than  27,825,  or  at  the  federal  census  of  1890  had, 
or  at  any  subsequent  federal  census  shall  have,  a  population  of  not  less 
than  26,950  nor  more  than  27,000,  is  made  a  road  district  for  the  care 
and  maintenance  of  all  public  highways,  all  macadamized  or  graveled 
roads  which  are  free  roads,  whether  constructed  under  general  or  local 
laws  by  taxation  or  assessment,  or  both,  or  converted  by  purchase,  or 
otherwise  from  a  toll  road  into  a  free  road  under  any  law,  and  all  turn- 
pike roads  or  parts  thereof,  unfinished  or  abandoned  by  such  turnpike 
company  and  appropriated  or  accepted  by  the  commissioners  of  che 
county,  and  the  same  shall  be  kept  in  repair  as  herein  provided. 

Sec.  4895ft.  [Notices  by  auditor.]  Unless  such  notice  has 
already  been  given,  the  auditor  of  each  of  said  counties  shall  immediately 
give  notice  to  the  clerk  of  each  township  that  the  trustees  are  required 
to  take  the  charge  and  control  thereof;  and  the  auditor  shall  give  the  like 
notice  upon  the  acceptance  or  appropriation  of  any  other  such  roads. 

Sec  4895'.-.  [Township  trustees  to  appoint  road  superintendents 
on  receipt  of  notice.]  The  township  clerk,  on  the  receipt  of  such  no- 
tice from  the  auditor,  shall  immediately  notify  the  township  trustees  of 
such  fact,  who  shall,  upon  receipt  of  the  notice,  have  full  charge  and 
control  of  all  such  roads  as  are  herein  provided  for  within  their  township. 
The  trustees  shall  divide  the  township  into  such  number  of  districts  not 
to  exceed  eight,  as  the  best  interests  of  the  public  roads  in  their  judgment 
may  demand,  and  shall  appoint  for  each  of  such  districts  a  suitable  per- 
son, not  one  of  their  own  number,  who  shall  be  a  resident  of  the  dis- 
trict, and  shall  be  known  as  road  superintendent. 

Sec  4895J.  [Oath,  etc.,  of  road  superintendents.]  Each  person 
so  appointed  shall,  before  entering  upon  the  duties  of  his  office,  take  an 
oath  to  faithfully  discharge  the  duties  thereof,  and  give  bond  to  the  state 
of  Ohio  in  a  sum  satisfactory  to  the  trustees  of  the  township,  not  less 
than  five  hundred  dollars,  with  sureties  as  the  trustees  shall  require, 
which  bond  shall  be  filed  with  the  township  clerk.  His  appointment 
shall  be  for  one  year  and  he  may  be  removed  or  dismissed  at  the  will 
of  the  trustees  or' a  majority  thereof  at  any  time. 

^ec    480^      [Powers    and    duties    of    superintendents.]     Wfoen 

properly  qualified  the  road  superintendent  shall  have  full  control  undei 

heVrustees  of  all  such  roads  within  his  district    and  shall  keep  them 

in  -ood  repair  and  condition  for  all  kinds  of  public  travel,  and  for  this 


240  LAWS    RELATING   TO   AGRICULTURE. 

purpose  he  shall  have  all  the  powers  and  privileges  of  road  supervisors 
for  drainage,  and  for  the  removal  of  timber,  logs,  cord  wood  or  other 
obstructions  found  within  the  limits  of  the  road  from  time  to  time.  He 
may,  subject  to  the  will  of  the  trustees,  contract  for  all  material  necessary 
for  repairs,  and  in  cases  of  floods  or  freshets,  giving  rise  to  breaks  in 
the  road-bed,  or  washing  off  large  quantities  of  gravel,  he  may  contract 
for  repairs,  either  by  day  or  job  work,  and  shall  certify  the  same  with 
itemized  account  to  the  trustees,  who,  upon  finding  the  accounts  correct 
and  satisfactory,  shall  pay  them  out  of  the  township  treasury  from  funds 
raised  for  road  purposes.  The  trustees  shall  furnish  such  superintendent 
with  plows,  scrapers,  or  other  implements  as  are  necessary  for  the  proper 
and  economical  care  of  the  roads.  The  road  superintendent  shall,  at 
the  regular  March  meeting  of  the  trustees  each  year,  make  an  itemized 
report  of  the  receipts  and  expenditures  in  his  district  for  road  purposes 
the  preceding  year;  the  number  of  persons  in  his  district  who  are  re- 
quired by  law  to  perform  two  days'  labor  on  the  public  highway,  and 
the  number  who  have  performed  such  labor ;  the  number  of  miles  and 
the  condition  for  public  travel  of  all  roads  in  his  district,  and  the  probable 
wants  of  such  roads  for  the  ensuing  year.  The  township  clerk  in  his 
annual  statement  shall  specify  the  amount  of  money  received  and  ex- 
pended for  road  purposes  in  each  district  of  the  township.  The  road 
superintendent  shall  receive  for  his  services  under  the  preceding  sections. 
not  exceeding  two  dollars  per  day  as  the  trustees  may  determine,  for  the 
time  actually  employed  in  the  care  of  such  roads,  which  shall  be  paid  out 
of  the  road  funds  of  such  township.  The  superintendent  shall  not,  either 
directly  or  indirectly,  work  out  any  of  the  taxes  herein  provided  for  in 
this  act ;  nor  shall  he  receive  any  compensation  for  the  work  of  any  team 
of  which  he  is  the  owner,  on  any  such  roads,  nor  shall  he  employ  any 
member  of  his  own  family  in  such  work  by  which  he  shall  himself  be 
financially  benefited.  And  the  trustees  shall  not  certify  any  account  to 
the  township  clerk  in  favor  of  any  superintendent  for  work  on  such  roads, 
other  than  is  herein  provided  for  superintending  and  caring  for  such 
roads. 

Sec.  4895/^.  [Penalty  for  violation  by  superintendent.]  Any 
such  road  superintendent  who  neglects  or  refuses  to  perform  the  duties 
enjoined  on  him  herein,  or  who,  under  any  pretense  whatever,  gives  or 
signs  any  certificate  for  labor  or  work  performed,  or  material  furnished. 
when  the  labor  has  not  been  performed  or  material  furnished  before 
the  giving  or  signing  of  such  certificate,  shall  forfeit  for  every  such  offense 
not  less  than  five  dollars  nor  more  than  fifty  dollars,  to  be  recovered  by 
an  action  before  a  justice  of  the  peace  within  the  township  where  such 
superintendent  resides,  and  the  trustees  of  the  township  shall  prosecute 
all  offenses  against  the  provisions  of  this  section. 

Sec.  4895^.  [Levy  of  tax.]  The  township  trustees  shall  pro- 
vide means  for  keeping  in  repair  all  such  roads  within  their  township, 
and  in  addition  to  the  two  days'  labor  required  by  law,  but  which  shall 
not  be  required  to  be  performed  during  the  days  of  corn-planting  and 
wheat -harvesting,  which  shall  be  worked  under  the  direction  of  the  road 
superintendent  in  their  respective  districts,  they  shall  levy  upon  the 
taxable  property  of  the  township,  a  sum  sufficient  for  said  purpose,  not 
to  exceed  two  mills  on  the  dollar  in  any  one  year,  and  the  same  shall  be 
collected  as  other  taxes,  and  when  collected  shall  be  paid  by  the  county- 
treasurer  to  the  township  treasurer  upon  the  order  of  the  county  auditor. 
The  trustees,  in  determining  the  division  of  the  fund,  shall  be  governed, 


LAWS   RELATING   TO   AGRICULTURE.  241 

not  by  the  number  of  miles  of  road  in  each  district,  but  by  the  necessities 
of  the  roads,  the  convenience  of  getting  material,  the  quality  of  the 
material  necessary  to  make  substantial  repairs,  and  shall  make  a  just 
and  equitable  division  of  the  fund  between  the  districts.  In  expending 
the  funds  provided  in  this  section,  the  road  superintendent  shall  give 
preference  to  those  from  whom  the  tax  is  collected,  and  it  shall  be  the 
duty  of  the  trustees  to  see  that  this  provision  is  observed,  so  far  as 
practicable  for  the  best  interests  of  the  roads  and  of  the  taxpayers.  For 
day  work  the  superintendent  shall  pay  such  amount  as  shall  be  fixed  by 
the  trustees,  which  shall  be  uniform  throughout  the  township. 

Sec.  4895/j.  [Repair  of  culverts  and  bridges.]  The  superintend- 
ent shall  keep  in  repair  all  culverts  necessary  for  the  travel  and  con- 
venience of  such  roads ;  his  authority  shall  extend  to  the  repairing  and 
rebuilding  of  bridges  and  culverts  in  all  cases  wherein  the  expenditure 
of  money  shall  not  exceed  fifty  dollars.  He  shall  have  power  to  contract 
for  the  necessary  material  and  labor  therefor,  and,  when  approved  and 
endorsed  by  the  township  trustees,  shall  certify  the  same,  together  with 
an  itemized  account  of  the  expenses  incurred  to  the  county  auditor, 
who,  upon  finding  the  account  proper  and  correct,  and  in  conformity 
with  the  provisions  of  this  section  shall,  upon  the  order  of  the  county 
commissioners,  issue  an  order  on  the  county  treasurer  for  the  amount  of 
such  certificate,  or  so  much  thereof  as  may  be  allowed  by  them  in  favor 
of  the  party  to  whom  such  certificate  was  issued.  But  any  repairs  or 
rebuilding,  the  estimated  cost  of  which  exceeds  ten  dollars  on  any  one 
culvert  or  bridge,  shall  first  be  authorized  by  the  township  trustees  in 
writing,  and  the  superintendent  shall  accompany  his  account  to  the  auditor 
with  a  copy  of  the  trustees'  authorization.  Nothing  in  this  section  shall 
be  construed  to  prevent  the  superintendent  himself,  from  doing  the  work 
of  repairing  or  rebuilding;  but  repairing  and  rebuilding  culverts  and 
bridges  or  overseeing  the  same  shall  be  considered  wholly  distinct  and 
separate  from  his  duty  as  superintendent  of  roads,  and  in  no  case  shall 
he  receive  any  compensation  for  the  duties  required  in  this  section  except 
as  the  commissioners  may  allow. 

Sec.  4895/.  [Office  of  road  supervisor  abolished,  etc.]  In  the 
counties  enumerated  in  section  4895a,  the  office  of  road  supervisor  is 
abolished,  and  the  trustees  in  their  notice  of  election  for  township 
officers,  each  year  shall  omit  the  office  of  road  supervisor  in  their  notice. 
The  road  superintendent,  as  provided  for  in  section  4895c.  is  invested 
with  all  the  powers  and  privileges  that  are  conferred  by  law  upon  super- 
visors ;  and  section  4889  of  the  Revised  Statutes,  so  far  as  it  relates  to  the 
counties  mentioned  in  section  4895a  of  this  act,  is  void. 

Sec  4895/.  [Issue  of  certificates  of  indebtedness,  and  levy  of 
tax.]  Townships,  that,  during  1890,  did  not  borrow  money  or  issue 
certificates  of  indebtedness  as  authorized  by  original  section  4895/  °f  the 
act  passed  April  15,  1890,  are  hereby  authorized  to  borrow  or  issue 
certificates  of  indebtedness  for  a  sum  not  exceeding  $1,000  for  purposes 
of  road  improvement  during  the  year  1891,  and  in  addition  to  the  sum 
already  levied,  may  make  a  levy  sufficient  to  provide  for  the  payment 
of  the'sum  herein  authorized  to  be  borrowed. 

Sec  4896.  [In  certain  other  counties.]  In  every  other  county 
the  county  commissioners  are  hereby  constituted  a  board  of  turnpike 
directors,  in  which  the  management  and  control  of  all  such  roads  therein 
shall  be  exclusively  vested. 

16     F.  H.   B. 


242 


LAWS   RELATING   TO   AGRICULTURE. 


Sec.  4897.  [Board  of  turnpike  directors.]  The  directors,  at  their 
first  meeting,  shall  divide  the  county  into  three  districts,  as  nearly  equal 
in  number  of  miles  of  turnpike,  and  conveniently  located,  as  may  be 
practicable,  and  each  director  shall  have  the  personal  supervision  of 
one  of  such  districts,  subject  to  all  rules  and  regulations  that  may  from 
time  to  time  be  agreed  upon  by  the  board ;  and  the  directors  shall  hold 
a  meeting  as  such  board  at  least  once  in  three  months,  at  their  office  at 
the  county  seat,  and  shall  be  governed  in  all  transactions  by  the  rules 
governing  county  commissioners. 

Sec.  4898.  [Duties  of  directors  of  improved  roads.]  They  may 
appoint  suitable  persons  to  superintend  the  work  of  repairs  on  the  several 
roads,  who  shall  be  required  to  give  bond  and  security  to  the  satisfac- 
tion of  the  commissioners  for  the  faithful  performance  of  their  duties, 
and  take  and  subscribe  an  oath  also,  which  shall  be  endorsed  on  the  back 
of  the  bond,  and  the  same  shall  be  filed  in  the  auditor's  office  of  the 
county.  The  auditor  of  the  county  shall  serve  as  clerk  of  the  board,  and 
shall  record  the  proceedings  of  the  board  in  a  book  to  be  provided  for 
such  purpose  by  the  county  commissioners,  which  shall  be  open  for 
examination  to  all  persons  interested,  and  they  shall  cause  notice  to  be 
published  in  at  least  one  newspaper  of  general  circulation  in  the  county, 
of  such  rules  as  may  be  adopted  for  the  regulations  of  labor  and  travel  • 
on  such  roads,  notice  of  the  regular  meetings  of  the  board,  and  on  or 
before  the  third  Monday  in  the  month  of  September  in  each  year  shall 
make  a  detailed  statement  of  receipts  and  expenses  to  the  court  of  com- 
mon pleas,  and  the  same  shall  be  examined  and  published  as  provided  in 
section  nine  hundred  and  seventeen  of  the  revised  statutes  of  Ohio. 

Sec.  4899.  [May  contract  for  labor  and  material.]  They  may 
contract  for  labor  and  material,  either  at  public  sale  or  private  contract, 
as  will  best  subserve  the  interests  of  the  different  roads,  and  shall  certify 
to  the  county  auditor,  on  or  before  the  first  Monday  in  June  each  year, 
the  amount  of  money  necessary  for  the  purpose  of  keeping  such  roads, 
including  the  bridges  and  culverts  thereon,  in  good  repair ;  and  they 
may,  where  hills  have  not  been  brought  to  the  grade,  as  defined  in 
section  four  thousand  seven  hundred  and  fifty-nine  Revised  Statutes, 
when  the  road  was  originally  constructed,  and  where  public  safety  and 
convenience  demands  it,  cut  down  the  same,  regrade  and  regravel,  as 
may  be  found  necessary,  the  cost  of  same  to  be  paid  for  in  [the]  same 
manner  as  general  repairs ;  and  when  in  the  opinion  of  the  board  the 
interests  of  any  of  the  roads  require  it,  they  may  enter  upon  any  lands 
in  the  county,  and  take  the  gravel  or  other  material  necessary  for  the 
repair  of  the  roads,  and  shall  give  a  certificate  to  the  owner  of  such 
material  so  taken,  which  shall  state  the  value  thereof,  together  with  the 
amount  of  damage  to  the  lands  by  reason  of  the  removal  of  such  material ; 
and  the  county  auditor,  upon  the  presentation  of  such  certificate,  shall 
issue  an  order  on  the  county  treasurer  for  the  amount  so  certified,  who 
shall  pay  the  same  out  of  the  turnpike  fund. 

Sec.  4900.  [Appeal  from  assessment  of  damages.]  If  an  owner 
be  dissatisfied  with  the  value  so  certified  by  the  board,  he  may  appeal  to 
the  probate  court  of  the  county,  subject  to  all  the  provisions  of  the  statutes 
relating  to  the  appropriation  of  material  for  road  purposes,  but  notice 
of  such  appeal  shall  be  filed  with  the  probate  judge  of  the  county  within 
ten  days  after  the  deliver}7  of  the  certificate. 


LAWS   RELATING   TO   AGRICULTURE.  248 

Sec.  4901.  [General  levy  for  repairs.]  Upon  the  issue  of  such 
certificate  to  the  county  auditor  he  shall  levy  upon  all  the  taxable 
property  of  the  county  such  sum,  not  to  exceed  three-twentieths  of  one 
mill  for  every  ten  miles  of  turnpike  completed  in  the  county,  the  receipts 
thereof  to  constitute  a  turnpike  fund  in  the  county  treasury,  to  be  paid 
out  only  upon  the  order  of  the  county  auditor,  issued  upon  the  certificate 
of  the  board  of  turnpike  directors,  properly  attested  by  the  clerk  of  the 
board ;  but  in  all  counties  wherein  a  levy  is  made  for  turnpike  repair 
purposes,  as  provided  in  this  section,  the  county  commissioners  shall 
make  no  further  levy  for  general  road  purposes,  and  in  such  case  the 
township  trustees  in  such  counties  may  make  such  levy  for  common  road 
purposes  in  their  several  townships  as  they  may  deem  proper,  not  to 
exceed  in  amount  the  combined  levy  that  would  have  been  authorized  by 
county  commissioners  and  township  trustees  in  case  no  levy  had  been 
made  under  the  provisions  of  this  section. 

Sec  4902.     [Township   trustees   to   apportion   road  labor.]     In 

townships  wherein  such  roads  are  located,  and  placed  under  the  control 
of  turnpike  directors  under  the  provisions  of  this  chapter,  the  township 
trustees  shall,  at  their  annual  meeting  in  March,  designate  and  set  off 
such  portion  of  the  two  days'  labor  as  they  may  deem  just  and  equitable, 
to  be  performed  under  the  control  of  the  board  of  directors  or  their 
superintendents,  subject  to  all  the  rules  and  regulations  of  law  for  its 
performance  under  the  direction  of  road  supervisors. 

Sec.  4903.  [Compensation  of  directors  and  others.]  The  com- 
pensation for  services  as  such  director  shall  be  the  same  in  all  respects 
as  county  commissioners,  and  the  services  of  superintendents  and  clerk 
of  the  board  shall  be  subject  to  the  agreement  of  the  board,  but  not  to 
exceed  two  dollars  and  fifty  cents  per  day  for  time  actually  employed, 
and  to  be  paid  out  of  the  turnpike  fund. 

Sec.  4904.  [Regulation  of  burdens  on  improved  roads.]  It  shall 
be  unlawful  for  any  person  or  persons,  firm  or  corporation,  in  any  county 
having  free  or  toll  macadamized,  graveled  or  stone  roads,  to  transport 
over  such  roads,  in  any  vehicle  having  a  tire  of  less  than  three  inches  in 
width,  a  burden  of  more  than  two  thousand  pounds.  The  county  com- 
missioners of  every  county  shall  constitute  a  board  of  directors  for  their 
respective  counties,  with  power  to  prescribe  the  increased  weight  in  quan- 
tity greater  than  two  thousand  pounds  that  may  be  carried  in  vehicles 
having  a  width  of  tire  three  inches  or  upwards  and  cause  such  regulations 
to  be  recorded  in  their  journal.  All  persons  violating  this  act  or  any 
regulations  duly  prescribed  by  the  aforesaid  board  of  county  commis- 
sioners made  in  pursuance  hereof,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty 
dollars,  and  shall  be  imprisoned  until  the  fine  and  costs  of  prosecution 
are  paid,  or  said  person  so  convicted  duly  discharged  according  to  law. 
The  board  of  trustees  or  any  one  of  them,  or  any  pike  superintendent 
or  commissioner  within  their  respective  jurisdiction,  or  any  owner  or 
president  of  any  turnpike  company  owning  or  operating  a  turnpike  road 
within  any  county,  and  the  county  commissioners  within  their  respective 
counties,  shall  cause  to  be  prosecuted  all  persons  violating  this  act  or 
violating  anv  regulations  prescribed  by  the  board  of  county  commis- 
sioners, made  in  pursuance  of  the  authority  herein  conferred.  The 
county  commissioners  within  their  respective  counties  are  hereby  empow- 
ered to  appoint  some  suitable  person  or  persons  to  enforce  the  require- 


244  LAWS    RELATING   TO   AGRICULTURE. 

ments  of  this  act  and  such  regulations  as  are  made  in  pursuance  of  the 
authority  herein  conferred ;  and  the  person  or  persons  so  appointed  shall 
receive,  upon  any  conviction  for  an  offense  by  them  prosecuted  under 
this  act,  such  portion  of  the  fine  or  penalty  as  the  commissioners  may 
deem  just  and  proper;  and  on  complaint  of  any  freeholder,  and  if,  in 
the  opinion  of  the  board,  owner  or  president  of  any  such  turnpike  com 
pany,  the  complaint  is  well  founded,  the  said  board,  owner  or  president 
of  any  such  turnpike  company  may  also  enjoin  any  person  or  persons  who 
are  engaged  in  the  business  of  transporting  heavy  loads  over  such  roads 
in  violation  of  the  requirements  prescribed  under  it,  and  the  court  in  any 
such  action  may  render  judgment  against  the  defendant  or  defendants  for 
any  damage  done. 

Sec  4905.  [Penalties  for  violation  of  rules.]  Any  person  who 
violates,  either  by  himself  or  agent,  any  of  the  rules  or  regulations  adopted 
by  the  board,  and  recorded  in  their  book  of  records,  shall,  upon  conviction 
thereof  before  any  justice  of  the  peace  of  the  county  or  any  court  having 
competent  jurisdiction,  be  fined  in  any  sum  not  less  than  ten  dollars  for 
each  offense ;  and  all  such  fines  shall  be  paid  into  the  county  treasury  for 
the  use  of  the  turnpike  fund. 

Sec.  4906.  [Parts  of  roads  in  cities  and  villages  to  be  repaired.] 
The  commissioners  shall  keep  in  repair  such  portions  of  such  roads  within 
their  respective  counties  as  have  since  their  completion  been  included,  or 
may  hereafter  be  included,  within  the  corporate  limits  of  any  city  or 
village  in  such  counties,  to  points  therein  where  the  sidewalks  have  been 
curbed  and  guttered,  and  no  further. 

Sec  4907.  [Certain  funds  apportioned.]  In  each  county  wherein 
the  commissioners  have  been,  by  virtue  of  their  office,  constituted  a  board 
of  directors  for  keeping  in  repair  the  turnpike  roads  therein,  and  who  are 
not  now  by  law  such  board,  and  who  will  not  by  the  passage  of  this 
chapter  be  made  such  board,  and  wherein  there  is  an  accumulated  fund 
in  the  hands  of  the  treasurer  thereof  for  the  purpose  of  keeping  in  repair 
such  roads,  the  commissioners  shall  apportion  such  fund  to  the  different 
townships  within  their  county,  according  to  the  number  of  miles  of  turn- 
pike roads  therein  contained;  and  they  shall  direct  the  county  auditor 
to  draw  warrants  on  the  county  treasurer,  payable  to  the  treasurers  of  the 
respective  townships,  for  the  amount  so  apportioned,  to  be  used  in  keep- 
ing in  repair  the  turnpikes  therein  contained,  in  accordance  with  law, 
and  for  no  other  purpose. 


MISCELLANEOUS    PROVISIONS. 

Sec  4908.  [How  certain  roads  may  be  vacated.]  When  a  road 
has  been  dedicated  by  private  persons  to  public  use,  a  majoritv  in  in- 
terest of  the  proprietors  of  lands  adjoining  the  road  may,  after  having 
given  thirty  days'  notice  by  advertisement  in  one  or  more  newspapers 
published  in  the  county  in  which  the  road  is  located,  and  having  given 
notice  in  the  township  or  townships  where  the  road  is  located,  by  having 
posted  up  copies  of  such  notice  in  three  or  more  public  places  therein, 
at  least  thirty  days  previous,  petition  the  commisioners  of  the  county 
for  the  vacation  of  the  road  or  any  part  thereof ;  and  if  the  commissioners 
are  satisfied  that  the  notice  has  been  given,  and  that  no  injustice  will 
be  done  thereby,  they  shall  declare  the  same  vacated ;  but  all  costs  and 
expenses  accruing  upon  any  petition  under  this  section  shall  be  paid  by 
the  petitioners. 


LAWS  RELATING  TO  AGRICULTURE.  245 

Sec.  49086.  [Land  may  be  dedicated  for  use  as  public  highways.] 
That  any  person  or  persons  may  dedicate  any  tract  or  strips  of  ground 
to  the  public  use  as  a  highway,  either  by  plat  or  deed  of  gift  to  the  county 
or  township,  filed  with  the  commissioners  or  trustees,  and  by  them  re- 
corded as  road  surveys  and  other  plats;  and  the  county  commissioners, 
or  in  a  proper  case  the  township  trustees,  may,  if  they  deem  such  road 
of  sufficient  public  utility,  accept  the  same,  by  entry  to  that  effect  on 
their  record,  and  recording  as  aforesaid.  Upon  such  acceptance,  said 
tract  or  strip  shall  become  and  be  a  legally  established  highway. 

Sec.  4909.  [Sidewalks  along  roads  authorized.]  Any  person  or 
board  of  education,  the  council  of  any  village,  the  trustees  of  any  cem- 
etery association,  or  any  agricultural  or  religious  society  may  appro- 
priate on  any  public  road  of  sufficient  width  on  either  side  thereof,  suf- 
ficient land  to  construct  thereon  a  public  sidewalk  not  exceeding  six 
feet  in  width,  and  may  construct  such  sidewalk  thereon;  but  such  side- 
walks shall. not  obstruct  any  private  entrance  or  public  highway. 

(4909-1)  [Sidewalks  along  highways.]  It  shall  be  lawful  for 
any  land-owner  owning  land  abutting  upon  any  highway,  not  within  a 
municipal  corporation,  to  improve  the  same  as  follows :  When  approved 
by  the  township  trustees,  he  may  build  an[d]  improve  a  sidewalk  of 
such  width  as  the  trustees  shall  determine,  not  exceeding  six  feet,  and 
at  his  own  expense,  and  when  completed  and  approved  by  the  trustees,  any 
person  who  maliciously  injures  the  same,  shall  be  liable  to  the  owner 
thereof  in  double  the  amount  of  damages  that  may  be  assessed  against 
him,  before  any  court  of  competent  jurisdiction. 

Sec.  4910.  [Township  trustees  may  borrow  money  for  certain 
purposes;  when  question  of  issue  shall  be  submitted  to  vote.]  The 
trustees  of  any  township  in  which  there  is  now  or  may  hereafter  be  lo- 
cated any  cemetery,  when  it  becomes  necessary  to  make  or  repair  roads, 
or  build  or  improve  sidewalks,  from  any  public  road,  or  from  any  town 
or  village  to  such  cemetery,  may  borrow  money  and  issue  bonds  not  ex- 
ceeding fifteen  hundred  dollars,  and  at  a  rate  of  interest  not  exceeding 
six  per  cent,  per  annum,  for  the  purpose  of  making,  repairing  or  build- 
ing such  roads  or  walks  from  such  public  highway,  or  town  or  village, 
to  such  cemetery.  Provided,  further,  upon  petition  of  a  majority  of 
the  owners  of  real  estate  abutting  on  said  road  or  sidewalk,  the  trus- 
tees shall  submit  the  question  of  borrowing  money  and  issuing  bonds 
for  the  purpose  of  making,  repairing  or  building  such  roads  or  walks 
to  the  cemetery  to  a  vote  of  the  qualified  electors  of  said  township,  at 
any  special  or  general  election,  of  which  at  least  ten  days'  notice  shall  be 
given.  If  a  majority  of  the  voters  of  said  township  vote  in  favor  of 
issuing  said  bonds,  then  the  trustees  of  said  township  shall  issue  said 
bonds  as  provided  for  in  this  section. 

Sec.  491  i.  [May  levy  tax  to  pay  same.]  If  the  trustees  of  any 
such  township  borrow  money  and  issue  bonds,  as  provided  in  the  pre- 
ceding section,  they  shall  levy  a  tax  from  year  to  year  on  all  the  taxable 
property  of  the  township,  not  exceeding  one-fourth  of  a  mill  on  the 
dollar  in  any  one  year,  and  the  amount  so  raised  shall  not  be  applied  to  any 
other  purpo'se  than  that  which  is  specified  in  said  section :  but  if  there  be  a 
surplus  after  paying  the  sum  borrowed,  it  shall  be  appropriated  to  the 
current  expenses  of  the  township. 

Sec.  4912.  [When  commissioners  may  transport  material  by 
rail.']     When  county  commissioners,  in  contracting  for  the  construe- 


246  LAWS    RELATING    TO    AGRICULTURE. 

tion  of  turnpike  roads,  under  any  law,  find  it  necessary,  by  reason  of 
the  inconvenient  location  of  gravel  or  stone  for  the  construction  or  repair 
of  such  roads,  to  have  the  gravel  or  stone  transported  to  convenient 
points  by  rail,  they  may  make  such  contract  for  transportation,  at  public 
sale,  as  will  best  subserve  the  public  interest;  the  cost  of  such  material, 
an,d  the  transportation  of  the  same,  shall  be  paid  from  the  county 
treasury,  by  order  of  the  commissioners,  from  any  funds  applicable  to 
the  construction  of  such  roads,  and  the  same  shall  be  taken  into  the 
estimate  of  any  contract  price,  at  the  time  of  the  sale  of  such  roads ; 
and  contracts  heretofore  entered  into  for  the  purpose  above  named,  and 
remaining  uncompleted,  shall  be  held  to  fall  within  the  provisions  of  this 
section. 

Sec.  4913.  [County  commissioners  may  appropriate  certain 
roads.]  The  county  commissioners  of  any  county  through  which  any 
turnpike  or  plankroad,  or  part  of  the  same  passes,  are  authorized  to 
appropriate  as  county  roads  any  part  of  such  roads  that  may  remain 
unfinished  for  five  years ;  and  they  may  proceed  at  any  time  after  any  such 
road  has  become  a  county  road,  under  the  provisions  of  this  section,  to 
improve  the  same  under  the  provisions  of  any  law,  and  shall  have  the 
benefit  of  all  work  done  on  such  road  or  parts  thereof,  by  any  company 
or  corporation,  without  any  compensation  for  the  same ;  but  this  section 
shall  not  be  construed  to  authorize  the  appropriation  of  any  part  of  such 
road  already  finished. 

Sec.  4914.      [What  roads  may  be  declared  abandoned,  and  when.] 

Any  turnpike  or  plankroad  in  the  state  upon  which  toll  has  been  or 
may  be  authorized  to  be  taken,  which  has  been  or  may  hereafter  be  out 
of  repair  for  the  period  of  six  months,  shall  be  deemed  and  held  aban- 
doned ;  and  upon  such  abandonment  being  declared,  as  hereinafter  pro- 
vided, it  shall  be  unlawful  for  any  company  or  person  owning  or  claim- 
ing to  own  such  road,  or  any  person  owning  or  claiming  to  own  the 
right  to  take  tolls  thereon,  or  any  person  in  behalf  of  such  company  or 
person,  to  take,  demand,  or  receive  toll  for  the  use  of  such  road,  or  so 
much  thereof  as  may  be  so  declared  abandoned. 

Sec.  4915.  [Petition  to  have  same  declared  abandoned.]  Any 
twelve  or  more  freeholders  of  a  county  in  or  through  which  any  toll, 
turnpike  or  plankroad,  or  any  part  thereof,  has  been  or  may  hereafter 
be  constructed,  may  present  to  the  probate  court  of  any  county  in  which 
such  road  or  part  thereof  is  situate,  their  petition,  stating  that  such  road 
or  part  thereof  has  not  been  kept  in  repair  for  the  preceding  six  months, 
and  praying  that  the  same  may  be  declared  abandoned  and  vacated  as 
a  toll  road ;  to  which  petition  the  company  or  persons  owning  or  claim- 
ing to  own  such  road,  and  all  persons  owning  or  claiming  to  own  the 
right  to  take  toll  thereon,  shall  be  made  defendants. 

Sec.  4916.  [Notice,  and  hearing  on  petition.]  On  the  filing  of 
such  petition  the  court  shall  fix  a  time  for  the  hearing  thereof,  not  less 
than  thirty  days  nor  more  than  forty  days  thereafter,  and  issue  a  no- 
tice in  writing  to  the  defendants,  stating  the  filing  of  such  petition,  and 
the  day  fixed  for  hearing  thereof,  and  requiring  the  defendants  to  ap- 
pear and  answer,  which  notice  shall  be  served  in  the  same  way  as  a 
summons  in  civil  cases :  and  on  the  hearing  of  such  petition,  if  the  court 
find  that  the  road  or  part  thereof  has  been  out  of  repair  as  aforesaid, 
the  court  shall  declare  the  same  abandoned  and  vacated  as  a  toll  road. 


LAWS   RELATING  TO  AGRICULTURE.  247 

Sec.  4917.     [Publication  against  non-residents.]     If  any  one  of 

the  defendants  is  a  non-resident  of  the  state,  and  this  fact  is  made  to 
appear  by  affidavit  on  the  filing  of  the  petition,  the  court  shall  order  no- 
tice to  be  given  by  the  petitioners  to  such  non-resident,  by  publication 
for  three  consecutive  weeks,  in  some  newspaper  printed  and  of  general 
circulation  in  the  county,  stating  the  time  when  such  petition  will  be  for 
hearing,  and 'the  object  and  prayer  thereof,  which  publication  shall  be 
deemed  sufficient  service. 

Sec.  4918.  [Abandoned  toll  road  to  become  free  road.]  When 
a  toll  road,  or  part  thereof,  has  been  heretofore  or  shall  be  hereafter 
declared  abandoned  and  vacated  as  aforesaid,  it  shall  thereafter  become 
a  free  road,  to  be  kept  in  repair  as  provided  in  chapter  ten. 

Sec.  4919.      [Tax  to  repair  damaged  highways.]     When  any  one 
or  more  of  the  principal  highways  of  any  county,  or  any  part  thereof, 
have  been  destroyed  or  damaged  by  freshet,  land-slide,  wear  or  water- 
courses [,]   or  any  other  casualty,  or  by  reason  of  the  large  amount  of 
traffic  thereon,  or  from  neglect  or  inattention  to  the  repair  thereof  have 
become  unfit   for  travel  or  cause   difficulty,   danger  or  delay  to  teams 
passing  thereon,  and  the  commissioners  of  such  county  are  satisfied  that 
the  ordinary  levies  authorized  by  law  for  such  purposes  will  be  inadequate 
to  provide  money  necessary  to  repair  such  damages,  or  to  remove  ob- 
structions  from,  or  to  make  the   changes  or  repairs   in   such   road   or 
roads  as  are  rendered  necessary  from  the  causes  herein  enumerated,  said 
commissioners  may  annually  thereafter  levy  a  tax  at  their  June  session 
of  any  sum  not  exceeding  five  mills  upon  the  dollar  upon  all  taxable 
property  of  the  county,  to  be  expended  under  their  direction   in   such 
manner  as  may  seem  to  them  most  advantageous  to  the  interest  of  the 
county  for  the  construction,  re-construction  or  repair  of  such  road  or 
roads  or  any  part  thereof.     Provided,  that  this  section  shall  not  be  so 
construed  as  to  authorize  the  commissioners  to  refuse  to  make  a  levy 
for  a  road  fund  under  the  provisions  of  section  2824  of  the  Revised 
Statutes ;  and  provided  further,  that  in  any  county,  when  the  valuation 
of  the  taxable  property  shall  not  exceed  ten  millions  of  dollars,  if  the 
commissioners  shall  fail  in  any  year  to  make  a  levy  of  at  least  one  mill 
upon   each   dollar  of  taxable   property  within   that   county,   to   be   used 
and  expended  as  a  road  fund  as  authorized  by  law  under  said  section 
2824,  one-half  of  all  taxes  charged   for  road  purposes  under  the  pro- 
visions of  this  section   (4919)   for  said  year  on  the  property  within  the 
limits  of  any  municipal  corporation  in  said  county,  and  collected  by  the 
countv  treasurer,  shall  be  paid  over  to  the  corporation  treasurer,  to  be 
specially  appropriated  by  the  council  thereof  to  street  and  road  purposes 
as  is  provided  by  law. 

Sec.  4919a.  [Provisions  of  preceding  section  inapplicable  to  Van 
Wert,  Defiance  and  Paulding  counties.]  The  provisions  of  section 
forty-nine  hundred  and  nineteen  (4919)  of  the  Revised  Statutes  of  Ohio 
shall  not  apply  to  any  county  of  this  state,  which  at  the  last  federal 
census  had  or  which  at  any  subsequent  federal  census  may  have  a  pop- 
ulation of  not  less  than  twenty-nine  thousand  and  fifty  (29,050)  and  not 
exceeding  twenty-nine  thousand  and  eight  hundred  (29,800),  nor  in  any 
countv  which  at' such  last  federal  census  had  or  which  at  any  subsequent 
census  may  have  a  population  of  not  less  than  twenty-five  thousand  seven 
hundred  (25,700)  nor  more  than  twenty-six  thousand  (26.000),  and  the 
property  included  within  the  limits  of  any  such  county  shall  not  be 
subject'to  such  levy  as  is  provided  for  in  said  section  4919. 


248  LAWS    RELATING   TO    AGRICULTURE. 

Sec.  4920.  [Such  tax  may  be  anticipated;  contract  to  improve 
parts  of  road;  certificate  of  amount  of  compensation  due;  rights  of 
holder  of  certificate.]  To  anticipate  the  receipts  which  may  come 
into  the  county  treasury  by  virtue  of  such  tax,  the  commissioners  may 
borrow  from  time  to  time,  such  sums  of  money  as  shall  not  exceed  in 
the  aggregate  four-fifths  of  the  tax  levied ;  but  the  money  so  borrowed 
in  any  one  year  shall  not  exceed  four-fifths  of  the  taxes  levied  in  such 
year,  and  shall  be  paid  with  lawful  interest,  at  the  county  treasury, 
out  of  the  taxes  so  levied.  In  addition  to  the  power  to  borrow  money,  as 
herein  granted,  said  commissioners  are  authorized,  upon  the  written  pe- 
tition of  one  or  more  persons  interested,  describing  the  road  or  part 
thereof  proposed  to  be  improved,  to  contract  in  writing  with  any  person 
or  persons  living  upon  or  near,  or  owning  land  abutting  upon  any  such 
road  within  the  county,  to  improve  such  part  of  such  road  as  may  be 
described  in  said  petition,  within  such  time  and  in  such  manner,  and 
for  such  compensation,  payable  as  hereinafter  provided,  and  not  other- 
wise, as  said  commissioners  may  direct ;  and  as  soon  as  such  road  or 
part  thereof  is  fully  improved  and  completed,  to  the  satisfaction  of 
said  commissioners,  they  shall  give  to  the  person,  his  administrator  or 
executor,  with  whom  they  have  contracted  to  repair 'the  same,  a  certificate, 
specifying  the  amount  of  compensation  due  for  work  performed  under 
said  contract,  stating  when. authority  was  given  for  the  improvement  of 
such  road,  and  when  the  same  was  completed  and  accepted  by  the  com- 
missioners. Tn  case  of  any  dispute  between  the  person  or  persons  mak- 
ing such  improvement  and  the  commissioners,  the  judgment  of  the  com- 
missioners therein  shall  be  final.  The  holder  of  such  certificate  shall 
be  entitled  to  have  the  amount  of  compensation  therein  specified  credited 
on  any  road  tax  levied  on  the  property  of  such  person  situate  within 
the  township  within  which  such  road  or  part  of  road  may  have  been 
improved,  as  aforesaid.  If  such  road  tax  levied  in  any  one  year  on 
such  property  is  not  sufficient  to  cover  the  amount  named  in  the  cer- 
tificate, the  same  shall,  in  like  manner,  be  so  credited  from  year  to  year, 
until  the  certificate  is  fully  paid  without  interest ;  and  until  such  cer- 
tificate shall  be  paid  in  full,  the  county  auditor  shall  issue,  each  year 
on  demand,  to  the  holder  of  such  certificate,  a  warrant,  addressed  to  the 
treasurer  of  the  county,  specifying  the  amount  of  road  tax  which  is 
chargeable  against  the  property  of  the  holder  of  such  certificate,  in  such 
year,  in  said  township,  and  directing  the  treasurer  to  receive  the  same 
as  cash  in  payment  of  such  road  tax.  And  the  holder  of  such  certificate 
may  transfer  the  same  [and]  any  balance  due  thereon  to  any  subsequent 
purchaser  of  the  property  owned  by  him  in  such  township,  when  such 
certificate  was  issued ;  and  whenever  any  road  or  part  of  road  shall  have 
been  improved  in  pursuance  of  contract  made  with  the  county  commis- 
sioners, as  provided  in  this  section,  it  shall  be  lawful  for  the  county 
commissioners  or  the  trustees  of  the  township  in  which  such  road  or  part 
of  road  improved  as  aforesaid,  shall  be  situated,  to  enter  into  an  agree- 
ment with  any  responsible  person  or  persons  for  the  repair  of  such 
improved  road  or  part  of  road  from  year  to  year,  and  upon  such  terms 
as  may  be  agreed  upon,  and  the  amount  so  agreed  to  be  paid  for  the  re- 
pair of  such  road  or  part  of  road,  shall  be  paid  out  of  the  county  road 
fund  in  case  said  agreement  shall  have  been  made  with  the  county  com- 
missioners, or  out  of  the  township  road  fund  in  case  said  agreement  shall 
have  been  made  with  the  township  trustees. 


LAWS   RELATING   TO   AGRICULTURE.  249 

Sec.  4921.  [How  surplus  of  tax  to  be  disposed  of.]  All  money 
assessed  and  collected  under  the  provisions  of  section  forty-nine  hundred 
and  nineteen,  which  remains  in  the  hands  of  the  county  treasurer,  un- 
expended and  unappropriated,  for  a  period  of  six  months  after  the  annual 
September  settlement  for  [the]  fiscal  year  during  which  the  tax  was  col- 
lected, shall  be  paid  to  the  treasurer  of  the  township  or  municipal  cor- 
poration from  which  the  same  was  collected,  and  shall  be  expended  on 
the  public  roads,  under  the  direction  of  the  trustees  of  the  proper  town- 
ship or  municipal  corporation,  in  such  manner  as  may  seem  to  them 
most  advantageous  to  the  interest  of  the  township  or  'corporation,  for 
the  construction,  reconstruction,  or  repair  of  roads,  and  in  building  or 
repairing  bridges. 

Sec.  4922.     [When    commissioners    may    build    embankments.] 

When  any  of  the  principal  public  roads  in  any  county,  except  turnpike 
roads,  over  which  tolls  are  collected,  are  subject  to  overflow  or  inunda- 
tion, so  as  to  render  the  same  at  any  time  unfit  for  public  travel,  or 
hinder  free  and  necessary  transportation,  the  commissioners  of  such 
county  may  repair  or  reconstruct  such  roads  by  changing  the  beds  of 
small  streams  to  avoid  crossing,  or  to  change  roads  to  avoid  bridges, 
where  the  public  travel  would  be  better  accommodated,  or  by. building 
embankments  or  levee  sufficiently  elevated  above  all  such  overflows  or 
inundation ;  and  the  expenses  of  such  embankment,  changes,  or  levee 
shall  be  paid  out  of  the  money  in  the  county  treasury,  or  that  may  be 
hereafter  raised  by  taxation,  for  road  or  bridge  purposes. 

Sec.  4923.  [When  the  road  belongs  to  adjoining  counties.] 
When  any  such  road  has  been  constructed  by  adjoining  counties,  the 
commissioners  of  such  counties,  conjointly,  may  repair  or  reconstruct 
such  road  above  an  elevation  of  such  overflow  or  inundation,  and  the 
expense  of  the  same  shall  be  paid  from  any  money  which  may  be  in 
or  shall  hereafter  come  into  the  treasury  of  such  counties  for  road  or 
bridge  purposes,  in  proportion  to  the  aggregate  amount  of  the  tax  dupli- 
cate of  their  respective  counties. 

Sec.  4924.  [When  commissioners  may  establish  a  ferry.]  When 
any  county  bridge  has  been  destroyed  by  fire,  flood  or  any  other  case 
[cause],  the  county  commissioners  may  establish  or  cause  to  be  estab- 
lished, a  free  ferry  in  lieu  of  such  bridge.  They  may  also  establish  or 
cause  to  be  established  a  free  ferry  over  any  of  the  interior  streams  of 
the  state  of  Ohio  where  it  is  not  expedient  to  build  a  bridge.  But  the 
cost  of  maintaining  such  free  ferry  shall  not  in  any  case  exceed  the  in- 
terest on  the  probable  cost  of  constructing  a  bridge  across  the  stream. 

Sec.  4925.     [When  county  auditor  may  levy  extra  road  tax.] 

When  two-thirds  of  the  resident  freehold  taxpayers  living  on  the  line 
of  any  state  road,  county  road,  or  turnpike  road,  file  a  petition  with  the 
auditor  of  any  county  for  in  extra  tax  for  the  purpose  of  constructing, 
improving,  or  reoairing  such  road,  he  shall  levy  such  tax,  of  any  amount 
that  may  be  required,  not  exceeding  six  mills  on  the  dollar  valuation, 
in  anv  year,  on  all  the  lands  and  taxable  property  for  any  distance  on 
each  side  of  such  road  not  exceeding  one  mile,  and  in  no  case  more  than 
half  the  distance  from  such  road  to  any  other  state,  county,  or  free  turn- 
pike road  running  parallel  or  nearly  parallel  thereto. 

Sec.  4926.  [How  long  such  tax  to  continue.]  When  any  such  tax 
is  levied  it  shall  continue  for  the  term  of  three  years  and  no  longer,  unless 


250  LAWS   RELATING   TO   AGRICULTURE. 

at  the  expiration  of  three  years  the  petition  or  request  be  renewed ;  and 
in  that  event  such  tax  may  be  levied  for  the  term  of  three  years  longer. 

Sec.  4927.     [When  such  tax  may  be  levied  in  a  township.]     The 

auditor  of  any  county  shall  levy  such  tax  on  the  lands  and  property  on 
the  line  of  any  such  road,  in  any  township,  when  petitioned  for  by  three- 
fourths  of  the  resident  freehold  taxpayers  on  such  road,  in  such  town- 
ship only. 

Sec.  4928.  [Such  tax  may  be  paid  in  labor.]  All  taxes  arising 
under  the  provisions  of  the  three  preceding  sections  may  be  discharged 
bv  labor  on  the  proper  road,  under  the  direction  of  the  supervisors  within 
whose  jurisdiction  such  road  is  located,  as  provided  by  law  in  other  cases ; 
and  the  rate  of  labor  shall  be  one  dollar  and  fifty  cents  per  day,  and  a 
ratable  proportion  for  teams  and  implements. 

Sec.  4929.  [Supervisors  to  give  receipts.] If  such  taxes  be  dis- 
charged by  labor  the  supervisors  shall  receipt  therefor,  as  in  other  cases 
for  like  services,  and  their  receipts  shall  be  received  by  the  county  treas- 
urer in  discharge  of  such  tax. 

(4929-1)  [Abatement  of  tax  of  him  who  constructs  watering 
trough.]  The  township  trustees  of  the  several  townships  in  this  state, 
shall  annually  abate  three  dollars  from  the  highway  tax  of  any  inhabitant 
of  a  road  district,  who  shall  construct  on  his  own  land,  and  keep  in  re- 
pair, a  watering  trough  beside  the  public  highway,  well  supplied  with 
fresh  water,  the  surface  of  which  shall  be  two  or  more  feet  above  the 
level  of  the  ground,  and  easily  accessible  for  horses  with  vehicles,  but 
the  said  trustees  respectively  may  designate  the  number  necessary  for 
the  public  convenience  in  each  road  district,  and  no  other  than  those 
designated  shall  be  allowed  this  abatement  of  tax. 

Sec.  4930.  [Disbursement  of  tax  when  paid  in  money.]  All 
taxes  arising  under  the  provisions  of  sections  four  thousand  nine  hundred 
and  Hventy-Uve,  four  thousand  nine  hundred  and  twenty-six  and  four 
thousand  nine  hundred  and  tieenty-seven  and  not  discharged  by  labor, 
shall  be  collected  as  other  taxes  by  the  treasurer  of  the  county,  and  by 
him  paid  to  the  treasurers  of  the  townships  in  which  such  roads  are 
situate,  and  be  disbursed  by  the  trustees  of  such  townships  upon  the 
roads  for  which  the  same  were  levied ;  but  if  any  road,  for  the  benefit  of 
which  any  tax  is  so  levied  is  on  a  township  line,  the  county  treasurer 
shall  pay  to  each  of  the  township  treasurers  the  portion  of  taxes  collected 
belonging  to  his  township. 

Sec.  4931.  [National  road  in  charge  of  county  commissioners.] 
The  commissioners  of  counties  through  which  any  part  of  the  National 
Road  passes  shall  take  under  their  care  and  control,  in  behalf  of  their 
respective  counties,  so  much  of  said  road  as  lies  within  the  limits  of  their 
counties  respectively,  except  such  parts  thereof  as  are  or  mav  be  by 
law  under  the  control  of  cities  or  villages ;  said  road  shall  be  kept  in 
such  repair,  by  each  county  so  taking  possession  thereof,  as  is  contem- 
plated by  the  acts  of  congress  ceding  to  the  state  the  jurisdiction  and 
control  of  such  portion  of  said  National  Road  as  lies  within  the  limits 
of  this  state;  and  such  commissioners  shall  be  governed  in  all  respects 
by  the  laws  in  force  relating  to  said  road,  except  as  hereinafter  provided ; 
but  they  shall  not  assess  or  levy  any  tax  for  the  repair  or  preservation 
of  said  road,  except  as  provided  in  the  general  statutes  for  the  repair 
and  preservation  of  county  and  state  roads. 


LAWS    RELATING   TO   AGRICULTURE.  251 

Sec.  4932.     [Their  powers  and  duties  in  relation  thereto.]     The 

commissioners  may  cause  gates  and  toll-houses  to  be  erected  on  said 
road  within  their  respective  counties,  at  such  places  as  they  shall  desig- 
nate, for  the  collection  of  tolls,  appoint  the  necessary  collectors  of  tolls, 
and  remove  them  at  pleasure,  and  pay  them  reasonable  compensation 
for  their  services ;  the  collectors  shall  pay  into  the  treasuries  of  their 
respective  counties,  at  the  end  of  each  month,  all  money  collected  and 
remaining  in  their  hands  after  deducting  the  compensation  allowed  for 
their  services,  and  the  commissioners  shall  apply  such  money  to  the  keep- 
ing in  repair  of  said  road  within  their  respective  counties ;  and  in  the 
collection  of  tolls  the  collectors  shall  be  governed  in  all  respects  by  the 
laws  in  force  relating  to  the  collection  of  tolls ;  but  no  toll  shall  be 
charged  or  collected  for  travel  on  the  part  of  said  road  situate  in  Madison 
county,  or  on  the  part  lying  between  the  city  of  Columbus  and  the  Co- 
lumbus asylum  for  the  insane ;  and  all  persons  shall  be  permitted  to  travel 
on  said  parts  of  said  road  free  of  toll. 

Sec.  4933.  [May  collect  toll  between  toll-gates.]  The  commis- 
sioners, if  they  deem  it  for  the  best  interest  of  the  road  may  require  the 
collection  of  toll  from  persons  who  may  travel  with  horses  and  all  kinds 
of  carriages  and  wagons  between  toll-gates,  or  between  the  county  line 
and  the  nearest  gate  thereto,  at  the  same  rate  per  mile  as  may  be  charged 
for  like  travel  on  said  road  to  persons  traveling  or  hauling  through  the 
toll-gates  thereof,  and  may  make  such  rules  and  regulations  with  regard 
to  the  collection  of  such  intermediate  tolls  as  they  may  deem  just  and 
proper. 

Sec  4934.  [Special  provision  for  Madison  county.]  When  the 
consent  of  the  congress  of  the  United  States  shall  have  been  obtained 
thereto,  the  commissioners  of  any  county  through  which  said  road  passes 
may,  if  they  deem  it  for  the  best  interest  of  the  road,  or  the  people  whom 
the  road  accommodates,  submit  to  the  legal  voters  of  the  county,  at  any 
regular  or  special  election,  the  question,  "Shall  the  National  Road  be 
a  free  turnpike  road ;"  and  when  the  question  is  submitted,  if  a  majority 
of  all  those  voting  thereon  vote  "Yes,"  the  commissioners  shall  sell  the 
gates,  toll-houses,  and  any  other  property  belonging  to  the  road,  to  the 
highest  bidder,  apply  the  proceeds  of  the  sale  to  the  repairing  of  the 
road,  and  declare  so  much  of  the  road  as  lies  within  their  county  a  free 
turnpike  road,  to  be  kept  in  repair  in  the  way  and  manner  provided  by 
law  for  the  repair  of  free  turnpikes. 

Sec  4935.  [Unfinished  portions  of  National  road.]  The  com- 
missioners of  such  counties  in  which  said  road  has  never  been  completed, 
and  in  which  no  toll-gates  are  erected,  or  toll  collected,  may  proceed 
in  accordance  with  the  provisions  of  chapter  seven  to  make  and  declare 
such  unfinished  parts  of  the  road  a  free  turnpike  or  county  road. 

Sec  4935a*  [Road  records,  how  restored;  publication  and  notice 
of;  costs  of;  how  paid.]  Whenever  an  application  shall  be  filed  in 
the  court  of  common  pleas  of  any  county  by  the  commissioners  thereof, 
showing  that  the  records  of  any  specified  road  or  roads  of  said  county 
were  lost  or  destroyed  bv  fire,  riot  or  civil  commotion,  and  that  copies 
thereof  or  of  some  of  them  are  in  existence,  and  praying  that  the  verity 
of  such  copies  as  mav  be  produced  shall  be  ascertained  and  declared  b\ 
the  court,  said  court  shall  require  notice  to  be  given  by  publication  Kir 
-ix  weeks  upon  such  davs,  not  less  than  once  a  week,  and  in  such  news- 
papers as  said  court  shall  direct,  of  the  filing  and  prayer  of  said  applica- 


252  LAWS   RELATING   TO   AGRICULTURE. 

tion,  and  that  the  same  will  stand  for  hearing  upon  some  day  fixed  by 
the  court,  and  requiring  all  persons  interested  to  appear  on  said  day 
and  show  cause,  if  any  they  have,  why  said  application  should  not  be 
granted,  and  shall  also  cause  a  copy  of  said  publication  to  be  served 
at  each  house  which  is  occupied  on  the  premises  abutting  on  said  road 
or  roads,  upon  any  person  dwelling  therein,  and  upon  the  owner  of  each 
lot  or  tract  of  land  abutting  on  said  road  or  roads,  or  his  agent,  if  the 
same  be  found  in  said  county,  at  least  one  week  before  the  day  fixed 
for  such  hearing.  Upon  the  day  fixed  for  said  hearing,  and  upon  such 
days  thereafter  as  said  court  by  entry  on  its  journal  may  direct,  said 
court  shall  proceed  to  hear  and  determine  whether  the  papers  produced 
before  it  or  any  of  them,  are  accurate  or  substantial  copies  of  said  records 
fairly  and  honestly  made,  in  considering  which  it  shall  hear  any  evidence 
which  in  its  judgment  throws  light  upon  the  question  without  regard  to 
the  ordinary  rules  of  evidence ;  and  if,  and  as  often  as,  said  court  shall 
find  any  of  said  papers  to  be  accurate  or  substantial  copies  of  such  rec- 
ords, it  shall  so  enter  upon  its  journal  and  direct  transcripts  of  such 
copies  to  be  made  by  such  persons  as  it  may  select.  As  often  as  any  of 
said  transcripts  shall  be  completed  to  the  satisfaction  of  the  court,  an 
entry  of  that  fact  shall  be  made  upon  its  journal  and  thereupon  the  clerk 
shall  certify  upon  such  transcripts  that  they  have  been  approved  by  the 
court,  and  shall  deliver  them  to  the  commissioners  of  said  county,  and 
thereafter  said  transcripts  so  certified  shall  prima  facie  have  the"  same 
force  and  effect  as  the  originals  from  which  said  copies  were  made.  The 
costs  of  making  said  transcripts  shall  be  fixed  and  allowed  bv  the  court, 
other  costs  under  this  and  the  following  sections  shall  be  the  same  as 
now  fixed  by  law  for  similar  services,  and  all  -costs  for  restoring  such 
lost  road  records  shall  be  paid  by  the  county,  except  as  hereinafter  pro- 
vided. 

Sec.  49356.  [Proceeding  when  copies  of  records,  etc.,  are  in  ex- 
istence.] Upon  its  appearing  to  the  court  at  any  time  after  the  filing 
of  said  application  and  before  the  final  determination  thereof  that  any 
person  has  in  his  possession  or  under  his  control  papers  purporting  to 
be  copies  of  said  record,  or  the  originals  from  which  the  same  were  made 
and  refuses  to  produce  the  same  to  the  court,  the  said  court  shall  issue 
a  rule  requiring  such  person  to  show  cause  why  he  does  not  produce  such 
papers  and  enforce  the  same  by  proceedings"  for  contempt  as  in  other 
cases,  and  in  case  the  production  of  such  papers  is  ordered  by  the  court, 
the  party  ordered  to  produce  the  same  shall  pav  all  the  costs  under  this 
section. 

Sec.  4935^  [County  roads.]  As  to  all  county  roads  whose 
records  have  been  lost  or  destroyed  as  aforesaid,  and  are  not  reproduced 
under  the  foregoing  sections,  prima  facie  the  center  of  the  road  as  now 
fenced  shall  be  taken  as  the  true  center,  and  prima  facie  the  width  of  the 
said  road  shall  be  sixty  feet. 

(4935-1)  [Conditions  upon  which  mine  and  quarry  operators 
permitted  to  undermine  or  cross  public  roads.]  An  act  entitled  "An 
act  to  permit  mine,  quarry  operators  to  cross  roads,"  passed  February  17, 
1893,  be  amended  so  as  to  read  as  follows:  That  any  individual,  part- 
nership or  corporation  in  Ohio,  who  may  now  or  hereafter  own  any  land 
or  any  interest  either  in  fee  or  otherwise,  containing  any  coal,  clay  or 
stone,  and  over  anv  portion  of  which  shall  pass  any  state,  county  or 
township  road  or  public  highway,  with  the  consent  of  the  board  of  county 


LAWS   RELATING  TO   AGRICULTURE.  253 

commissioners  in  case  of  state  or  county  roads  or  township  trustees  in 
case  of  township  roads,  shall  have  and  are  hereby  authorized  to  excavate, 
mine,  quarry  through  or  under  any  such  road ;  provided,  however,  that 
before  said  work  shall  be  commenced,  said  individual,  partnership  or  cor- 
poration shall  execute  and  deliver  to  the  board  of  county  commissioners 
of  any  such  county,  a  bond  with  good  and  sufficient  surety,  in  such  an 
amount  as  shall  be  by  said  board  considered  sufficient  to  cover  all  damages 
that  may  accrue  by  reason  of  excavating,  mining  or  quarrying  through 
or  under  any  such  road,  the  same  to  be  approved  by  said  board ;  condi- 
tioned, that  while  crossing  over  or  mining  or  quarrving  under  any  such 
road,  a  safe  and  unobstructed  passageway  or  road  shall  be  kept  open  by 
such  individual,  partnership  or  corporation  for  public  use,  and  as  soon 
as  practicable  the  said  road  shall  be  fully  restored  to  its  original  safe  and 
passable  condition. 

(4935-2)  [Owner  of  land  abutting  on  public  road  may  lay  pipe- 
line for  water,  etc.,  within  line  of  road.]  It  shall  be  lawful  for  any 
land-owner  owning  land  abutting  upon  any  public  road,  not  within  a 
municipal  corporation,  when  approved  by  the  county  commissioners,  if 
upon  a  state  or  county  road,  and  when  approved  by  the  township  trus- 
tees if  upon  a  township  road,  to  lay  a  pipe  line  within  the  line  of  the  road 
for  the  purpose  of  conveying  water  for  public  and  other  purposes;  pro- 
viding that  the  laying  of  such  pipe-line  shall  in  no  way  interfere  with 
public  travel  or  damage  such  road,  and  under  such  regulations  as  the 
commissioners  or  trustees  may  prescribe. 


BICYCLE    SIDE-PATHS. 

Sec.  4935-3.     [Board  of  side-path  commissioners.]     The  probate 
judge  of  any  county  shall  upon  the  petition  of  five  resident  wheelmen  of 
such  county,  appoint  from  the  resident  citizens  thereof,  five  persons,  giv- 
ing to  each  city  and  to  each  rural  district  in  the  county  a  representation 
on  the  board,  as  near  as  possible,  in  proportion  to  the  probable  number 
of  cyclists  residing  in  such  localities,  each  of  whom  shall  be  a  cyclist, 
who  shall  constitute  a  board  of  sidepath  commissioners  for  such  county. 
The  terms  of  such  commissioners  shall  be  one,  two,  three,  four  and  five 
years,  from  and  including  the  first  day  of  January  of  the  year  in  which 
the  appointment  is  made,  to  be  determined  by  such  commissioners  by  lot 
within  one  month  after  their  appointment.     A  commissioner  thereafter 
appointed  for  a  full  term,  shall  hold  office  for  five  yars  from  and  includ- 
ing the  first  day  of  January  of  the  year  in  which  the  appointment  is  made. 
A  commissioner  appointed  to  fill  a  vacancy  occurring  otherwise  than  by 
expiration  of  term,  shall  be  appointed  for  the   unexpired  term  of  his 
predecessor  in  office.     Whenever  a  vacancy  shall  occur  in  the  office  of 
such  a  commissioner  by  expiration  of  term  or  otherwise,  the  chairman 
and  secretary  of  the  board  shall  file  a  notice  with  the  probate  judge, 
specifying  the  name  of  such  commissioner,  the  city  or  town  in  which  he> 
resided,  and  the  term  for  which  his  successor  should  be  appointed.    Upon 
the  receipt  of  such  notice,  the  probate  judge  shall  appoint  a  person  to 
fill  such  vancancy  and  file  such  appointment  in  the  office  of  the  county 
clerk.     The  county  clerk  shall  forthwith  notify  scuh  person  of  his  appoint- 
ment, and  he  shall  take  office  immediately  upon  filing  his  written  accept- 
ance thereof  with  the  county  clerk  and  taking  the  constitutional  oath  of 


254  LAWS  RELATING  TO  AGRICULTURE. 

office.  If  any  person  so  appointed  fails  to  file  such  acceptance  with  the 
county  clerk,  or  to  take  the  constitutional  oath  of  office,  within  ten  days 
after  receiving  notice  of  his  appointment,  or  if  any  member  of  the  board 
fails  to  attend  three  consecutive,  regular  meetings  without  being  ex- 
cused by  a  vote  of  the"  board,  the  board  of  sidepath  commissioners  may 
declare  the  place  vacant  by  a  majority  vote  of  the  board.  Such  com- 
missioners shail  serve  without  compensation,  but  shall  be  repaid  their 
actual  and  necessary  disbursements,  out  of  the  sidepath  fund. 

Sec.  4935-4.     [Power    to    construct    and    maintain    side-paths.] 

Such  board  of  sidepath  commissioners  is  hereby  authorized  and  empower- 
ed to  construct  and  maintain  sidepaths  along  any  public  road  or  section r 
thereof,  of  the  county,  outside  the  limits  of  incorporated  cities  and  vil- 
lages, or  outside  the  corporation  tax  district  thereof.  Xo  sidepath  shall 
be  constructed  upon  or  along  any  regularly  constructed  or  maintained 
sidewalk,  except  by  the  consent  of  persons  owning  the  abutting  lands. 
Such  paths  shall  not  be  less  than  three  feet  wide  in  any  case  nor  more 
than  six  feet  wide,  without  the  consent  of  the  owners  of  the  abutting 
lands,  and  shall  be  constructed  within  the  outside  lines  and  along  and 
upon  either  side  of  such  public  roads.  The  term  "sidewalk,"  as  used 
in  this  act,  means  any  sidewalk  constructed  and  maintained  as  such  by 
the  public  authorities  or  the  owner  of  the  abutting  lands,  which  is  re- 
served by  custom  for  the  use  of  pedestrians;  but  not  including  footpaths 
or  portions  of  the  public  road  which  are  worn  only  by  travel.  No  member 
or  any  number  of  members  of  a  sidepath  commission  shall  begin  or  in 
any  way  authorize  the  construction  of  a  sidepath,  to  be  built  from  the 
sidepath  fund  until  the  record  of  the  proceedings  of  the  board  shows  that 
it  has  voted  to  construct  such  a  path. 

Sec.  4935-5.  [License  upon  bicycles.]  Such  board  of  sidepath 
commissioners  shall  at  their  first  meeting  or  within  a  reasonable  time 
thereafter,  and  in  each  succeeding  calendar  year,  adopt  a  form  of  license 
to  consist  of  an  inscription,  tag,  badge,  emblem  or  device  suitable  to  be 
affixed  to  a  bicycle  and  to  be  known  as  a  bicycle  sidepath  license.  Any 
person,  upon  the  payment  of  a  fee  of  one  dollar,  shall  be  entitled  to  re- 
ceive such  license,  which  shall  be  good  during  the  calendar  year  tor 
which  it  is  issued,  and  for  no  longer.  Every  such  license  to  be  valid 
must  be  issued  by  the  sidepath  commissioners  of  the  county  wherein 
the  bicyclist  resides,  except  that  any  bicyclist  who  resides  in  another  state 
or  in  some  county  of  this  state  where  there  is  no  sidepath  commis- 
sion, may  secure  a  license  in  any  county  where  a  side  path  commission 
has  been  lawfully  appointed  by  a  probate  judge,  and  such  license  shall  be 
valid  for  the  use  of  the  person  so  purchasing  for  the  calendar  year  for 
which  it  is  issued  and  no  longer.  No  person  shall  ride  a  bicycle  on  any 
sidepath  in  any  county  of  this  state  where  a  sidepath  commission  has 
been  or  at  any  time  hereafter  may  be  appointed,  unless  a  valid  bicycle 
license  is  attached  or-  affixed  to  the  left  side  of  the  front  fork,  or-  upon 
the  lower  tube  of  the  frame  within  six  inches  from  the  head  so  that  the 
license  device  will  show  on  the  left  side  of  the  lower  tube  of  such  bicycle. 

Sec.  4935-6.  [License  fee  to  be  paid  to  county  treasurer.]  The 
license  fees  authorized  by  the  said  boards  of  sidepath  commissioners  shall 
be  paid  on  or  before  the  first  day  of  July  in  each  year  to  the  county 
treasurer  of  their  respective  counties,  by  whom  they  shall  be  credited 
to  a  special  fund,  to  be  called  "the  sidepath  fund."  No  claims  against  the 
sidepath  commissioners  shall  be  paid  otherwise  than  upon  the  allowance 


LAWS   RELATING   TO   AGRICULTURE.  255 

of  the  said  sidepath  commissioners  or  a  majority  thereof.  Upon  the 
proper  certificate  of  the  allowance  of  any  claims  by  the  said  commission 
the  county  auditor  shall  draw  his  warrant  upon  the  treasurer  for  said 
sum.  But  no  money  shall  be  disbursed  by  the  said  commissioners,  or  anv 
of  them,  but  the  same  shall  be  disbursed  by  the  county  treasurer,  upon 
the  warrant  of  the  auditor  specifying  the  name  of  the  party  entitled  and 
upon  what  account ;  but  no  warrants  shall  be  so  drawn  in  'excess  of  the 
amount  actually  on  deposit,  nor  shall  anv  contract  or  purchase  be  made 
exceeding  the  amount  of  such  funds  at  the  time  of  making  such  contract 
or  purchase.    All  bills  shall  be  made  out  in  duplicate. 

Sec.  4935-7-  [Disposition  of  fees.]  The  said  boards  of  sidepath 
commissioners  shall  devote  the  moneys  so  collected  to  the  repairing  of 
existing  paths  in  their  respective  counties;  to  the  construction  of  new 
sidepaths,  and  to  the  maintaining  of  order  on  the  paths. 

Sec.  4935-8.  [Penalty  for  wrongful  use  of  path.]  No  person 
shall  lead,  stand,  hitch,  or  drive  any  horse,  cattle,  sheep,  swine  or  other 
animals  upon  any  sidepath  now  constructed  or  hereafter  to  be  constructed 
in  this  state,  except  for  the  purposes  of  access  to,  and  egress  from,  lands 
abutting  on  the  highway. 

Sec  4935-9-  [Obstructing,  destroying,  etc.,  of  path.]  No  per- 
son shall  obstruct,  injure  or  destroy  anv  sidepath  or  any  portion  thereof, 
now  constructed  or  hereafter  to  be  constructed  in  said  state. 

Sec  4935-10-  [Speed  upon  path.]  No  person  shall  ride  a  bicy- 
cle at  a  greater  speed  than  ten  miles  per  hour  when  passing  another 
cyclist  or  a  pedestrian  on  any  sidepath  in  said  state. 

Sec  4935-n.  [Sidepaths  heretofore  constructed  to  be  placed 
under  control  of  sidepath  commissioners.]  The  sidepaths  heretofore 
constructed  and  hereafter  to  be  constructed  in  said  state  are  hereby  placed 
under  the  control  and  direction  of  the  boards  of  sidepath  commissioners 
of  the  various  counties  in  which  they  are  located. 

Sec  4935-12.  [May  remove  tree  limbs,  etc.]  Any  board  of  side- 
path  commissioners  may  remove  limbs  of  trees  overhanging  any  sidepath 
or  any  other  obstruction  in  the  county  wherein  said  board  has  jurisdic- 
tion, when  in  the  judgment  of  said  board,  the  same  may  interfere  with 
the  free  passage  of  bicycles  along  said  path. 

Sec  4935-13.  [Penalties.]  Any  person  who  rides  a  bicycle  on 
any  sidepath  in  this  state  in  violation  of  any  of  the  sections  of  this  act, 
or  does  any  of  the  acts  by  the  provisions  of  this  law  forbidden,  is  guilty 
of  a  misdemeanor,  and  shall  be  punishable  by  a  fine  of  not  less  than  five 
nor  more  than  twenty-five  dollars,  and  in  case  of  failure  to  pay  any  fine 
that  may  be  imposed  such  person  shall  be  committed  to  jail  not  exceed- 
ing one  day  for  each  dollar  of  such  fine. 

Sec  4935-14.  [Security  for  appearance  in  court.]  Any  person 
arrested  for  the  violation  of  any  of  the  provisions  of  this  act.  or  of  any 
ordinance  or  by-law  adopted  as  provided  in  this  act,  may  tender  at  the 
time  of  his  or  her  arrest,  or  at  any  time  before  the  hearing  thereon  either 
five  dollars  in  current  money,  or  his  or  her  bicycle  or  similar  vehicle,  as 
security  for  his  or  her  appearance  in  court  to  make  answer  to  the  charge 
of  violating  the  provisions  of  this  act  or  any  ordinance  or  by-law  adopted 
as  provided  in  this  act ;  and  the  officer  making  the  arrest,  shall  accept 
the  securitv,  which  the  rider  may  offer,  as  aforesaid,  for  his  appearance, 


256  LAWS    RELATING   TO   AGRICULTURE. 

before  the  most  convenient  court  or  magistrate,  to  be  specified  by  said 
officer  at  a  time  to  be  fixed  by  him  not  less  than  one  day  in  said  city, 
village  or  town  having  jurisdiction  of  the  offense,  and  such  security  shall 
be  forthwith  delivered,  by  such  officer,  to  such  court  or  magistrate.  In 
case  the  person  arrested  shall  fail  to  appear  and  answer  to  such  charge 
at  the  time  so  specified  or  at  such  other  time  to  which  the  matter  shall  have 
been  adjourned,  such  security  shall  be  forfeited,  and  if  money,  shall  be 
disposed  of  in  the  same  manner  as  other  fines  are  disposed  of  by  such 
court  or  magistrate,  and,  if  a  bicycle  or  similar  vehicle,  it  may  be  sold 
under  the  direction  of  such  court  or  magistrate  at  public  sale,  a  notice 
of  which  shall  be  posted  in  three  public  places  in  such  city,  town  or  vil- 
lage, and  a  copy  thereof  served  personally  or  by  mail  upon  the  person 
who  tendered  the  same  at  least  six  days  before  such  sale,  and  after  the 
payment  of  legal  costs  five  dollars  of  the  money  received  upon  such  sale 
shall  be  disposed  of  in  the  same  manner  as  other  fines  collected  by  such 
court  or  magistrate,  and  the  remainder  of  the  money  received  upon  such 
sale  shall  be  paid  to  the  owner  of  such  bicycle  or  other  similar  vehicle  on 
demand. 

Sec.  4935-15.  [Notice.]  But  no  person  shall  be  arrested  or  fined 
for  the  violation  of  any  of  the  provisions  of  this  act,  pertaining  to  any 
municipality,  or  of  any  ordinance  or  by-law  of  any  municipal  corporation 
unless  such  municipality  shall  have  placed  at  the  corporate  limits  of  such 
municipal  corporation  in  at  least  four  prominent  thoroughfares,  signs 
inscribed  "sidewalk  riding  prohibited." 


BRIDGES. 

Sec.  4936.     [County  commissioners  to  build  bridges  over  canals.] 

The  commissioners  of  any  county  through  which  any  canal  or  feeder  of 
a  canal  of  this  state  passes,  except  such  as  are  built  by  incorporated 
companies,  shall,  at  the  cost  of  such  county,  keep  in  good  repair  all 
bridges,  where  any  state  or  county  road  crosses  such  canals. 

Sec  4937.  [Swing  bridges  may  be  built  over  canals.]  When  it 
is  deemed  necessary  to  construct  a  bridge  upon  any  street,  road,  or  public 
highway,  across  any  of  the  canals  or  feeder  of  the  canals  in  this  state, 
in  any  city  or  village,  the  council  of  such  city  or  village,  or  the  commis- 
sioners of  the  county  in  which  such  city  or  village  is  situate,  and  having 
lawful  authority  to  construct  or  erect  a  bridge  on  such  road,  street,  or 
public  highway  where  the  same  crosses  any  such  canal  or  feeder  of  the 
canal,  may  erect  and  maintain  for  public  use,  a  swing  bridge,  or  self- 
closing  bridge  upon  any  such  street,  road  or  public  highway,  at  such 
place ;  but  no  such  bridge  shall  be  so  constructed  or  erected  without  first 
obtaining  for  the  model  and  location  thereof,  the  consent,  in  writing,  of 
the  board  of  public  works. 

Sec  4938.  [Commissioners  must  build  bridges  in  certain  cities 
and  villages.]  The  commissioners  of  the  several  counties  shall  cause 
to  be  constructed  and  kept  in  repair,  in  the  manner  prescribed  by  law  all 
necessary  bridges  in  villages  and  cities  not  having  the  right  to  demand  and 
receive  any  portion  of  the  bridge  fund  levied  upon  the  property  within 
such  corporations,  on  all  state  and  county  roads,  free  turnpikes,  improved 
roads,  transferred  and  abandoned  turnpikes  and  plankroads,  which  are 
of  general  and  public  utility,  running  into  or  through  any  such  village 
or  city. 


LAWS   RELATING   TO   AGRICULTURE.  257 

Sec.  4939.  [Joint  county  and  railroad  bridges.]  The  commis- 
sioners of  any  county  may  contract  with  any  railroad  company  for  the 
construction,  use,  and  maintenance  of  wagon  tracks  in  connection  with 
railroad  bridges. 

Sec.  4940.  [Construction  of  approaches  to  county  bridges;  pur- 
chase of  materials;  appropriation  of  materials;  lighting  of  bridges; 
duty  of  township  trustees.]  The  commissioners  of  any  county  shall 
cause  to  be  constructed  without  unnecessary  delay,  good  and  sufficient 
approaches  or  ways  to  bridges  which  have  been  or  may  hereafter  be 
erected  by  them ;  and  they  shall  contract  for  the  construction  thereof  in 
the  same  manner  as  is  provided  by  law  for  contracting  for  the  erection 
of  bridges  by  county  commissioners;  and  the  county  commissioners  of 
any  county  may  contract  for  and  purchase  such  stone,  gravel,  earth,  dirt 
or  other  material  as  may  be  necessary  for  the  construction  of  such 
approaches  or  ways  to  such  bridges,  or 'for  keeping  the  same  in  repair; 
provided,  that  if  the  commissioners  and  the  owner  or  owners  of  such 
stone,  gravel,  earth,  dirt  or  other  material  can  not  agree  on  a  price 
deemed  fair  and  reasonable,  like  proceedings  shall  be  had  and  with  like 
effect  as  are  provided  by  law  for  the  procurement  of  material  by  the 
commissioners  in  like  cases  under  the  two-mile  assessment  pike  law ;  and 
the  cost  of  constructing  such  approaches  and  procuring  such  material 
shall  be  paid  from  the  bridge  fund  of  the  county,  on  the  order  of  the 
county  commissioners ;  and  said  county  commissioners  may,  when  in  their 
opinion  the  safety  of  the  public  travel  requires  it,  contract  for  the  proper 
lighting  of  any -of  said  bridges,  when  the  span  or  two  or  more  spans 
of  which  cross  the  same  stream  or  streams  and  which  spans  are  connected 
by  levees,  and  when  such  span  or  spans  and  levees  taken  together  have 
a  combined  length  of  not  less  than  five  hundred  feet;  and  the  cost  of 
such  lighting  shall  be  paid  from  the  bridge  fund  of  the  county  on  the 
order  of  the  commissioners;  but  the  trustees  of  the  several  townships 
shall  cause  to  be  built  and  kept  in  repair  all  bridges  and  culverts  except 
upon  improved  and  free  turnpike  roads,  when  the  cost  of  construction 
does  not  exceed  fifty  dollars,  and  shall  keep  in  repair  all  bridges  con- 
structed by  the  commissioners ;  provided,  however,  such  repair  by  said 
trustees  of  any  such  bridge,  in  any  year,  shall  not  exceed  ten  dollars, 
and  they  are  authorized  to  levy  a  tax  for  the  payment  of  the  same. 

As  to  further  duties  of  county  commissioners  and  township  trustees,  regard- 
ing approaches  to  bridges,   see  §  861. 

Sec.  4941.  [They  may  purchase  toll  bridge.]  The  commission- 
ers of  any  county  in  which  there  is  a  toll-bridge  may  purchase  the  same 
at  such  price  as  may  be  agreed  upon  by  them  and  the  owners  of  such 
bridge. 

(4941-1)  Sec.  1.  [Guard  rails  on  county  bridge.]  It  shall  be 
the  duty  of  every  board  of  county  commissioners  in  this  state  to,  within 
two  years  after  the  passage  of  this  act,  erect  or  cause  to  be  erected  and 
maintained  where  the  same  has  not  already  been  done,  one  or  more 
guard-rails  on  each  end  of  every  county  bridge,  viaduct  or  culvert,  the  I 
same  being  more  than  five  feet  high ;  and'  also  erect  or  cause  to  be  erected,  r 
where  the  same  has  not  already  been  done,  one  or  more  guard-rails  on 
each  side  of  every  approach  to  each  and  every  county  bridge,  viaduct 
or  culvert  wherever  said  approach  or  embankment  is  more  than  six  feet 
high ;  and  also  within  five  years  after  the  passage  of  this  act,  to  protect, 
by  suitable  guard-rails,  all  perpendicular  wash-banks  more  than  eight 

17      F.   H.   B. 


258  LAWS  RELATING  TO  AGRICULTURE. 

feet  in  height,  where  the  same  shall  have  any  immediate  connection  with 
a  public  highway,  or  is  adjacent  thereto,  in  an  unprotected  condition; 
provided,  that  in  such  cities  and  villages  as  by  law  have  the  right  to 
demand  and  to  [do]  receive  part  of  the  bridge  fund  levied  within  the 
same,  such  guard-rails  shall  be  erected  by  such  municipality ; 

[Hedge  fences.]  And  provided,  further,  that  it  shall  be  a  suffi- 
cient compliance  with  the  provisions  of  this  act,  if  said  commissioners 
shall  cause  to  be  erected  and  maintained,  a  good  stock-proof  hedge  fence 
where  a  guard-rail  is  required  by  this  act ;  such  guard-rails  or  hedge  fence 
shall  be  erected  in  a  substantial  manner,  having  sufficient  strength  to 
serve  a  protection  to  life  and  property,  the  expense  of  same  to  be  paid 
out  of  the  county  bridge  fund  of  each  county. 

(4941-2)  Sec.  2.  [How  paid  for.]  Said  guard  rails  shall  be 
erected  in  a  substantial  manner,  having  sufficient  strength  to  serve  as  a 
protection  to  life  and  property,  and  shall  be  paid  for  out  of  the  county 
bridge  fund  in  each  and  every  county  of  this  state. 

(4941-3)  Sec.  3.  [Penalty.]  Each  and  every  failure  to  comply 
with  the  provisions  of  this  act  shall  render  the  county  liable  for  all 
accidents  or  damages  as  a  result  of  such  failure,  which  may  occur  after 
a  period  of  five  years  from  the  passage  of  this  act. 

Sec  4941a.  [County  commissioners  may  purchase  toll  bridge; 
proceedings  when  price  not  agreed  upon;  proviso.]  The  commission- 
ers of  any  county  in  which  there  is  a  toll  bridge,  or  any  bridge  owned 
by  any  person  or  corporation  authorized  by  law  to  charge  and  collect  toll 
for  crossing  the  same,  may  purchase  such  bridge  together  with  the 
approaches  at  such  price  as  may  be  agreed  upon  by  them  and  the  owners 
•of  such  bridge ;  and  in  case  they  are  unable  to  agree  with  the  owners 
thereof,  upon  such  purchase  and  sale,  the  commissioners  may  appropriate 
the  same;  and  for  this  purpose  they  shall  cause  an  accurate  survey  and 
•description  of  such  bridge  and  approaches,  and  the  land  occupied 
by  the  same,  to  be  made,  and  shall  file  the  same  with  the  probate  judge 
or  court  of  common  pleas  of  the  county,  and  thereupon  the  same  pro- 
ceedings shall  be  had,  which  are  now  provided  by  law  for  the  appropria- 
tion of  private  property  for  municipal  corporations;  and  upon  payment 
of  the  agreed  price,  or  payment  into  court  of  the  compensation  assessed, 
the  right  to  charge  or  collect  toll  shall  thereupon  cease.  Provided  how- 
ever that  in  case  any  such  bridge  sought  to  be  purchased  or  appropriated 
is  a  part  of  the  plankroad,  and  is  located  within  one-fourth  of  a  mile 
from  the  end  thereof,  as  then  existing,  said  commissioners  shall  also  be 
required  to  purchase,  or  appropriate,  in  connection  with  said  bridge,  all 
of  said  plankroad  lying  between  said  bridge  and  the  end  of  the  said  plank 
road,  not  exceeding  one-fourth  of  a  mile,  together  with  any  toll-house 
used  in  connection  with  said  bridge,  but  said  sale  or  appropriation  shall 
in  no  way  affect  the  right  of  said  plank  road  company  to  collect  toll 
on  the  unsold  or  unappropriated  part  of  its  said  plank  road. 

Sec.  49416.  [Right  to  bridge  forfeited.]  When  the  commission- 
ers make  an  appropriation  of  any  bridge  as  specified  in  the  last  preced- 
ing section,  and  fail  to  pay  for  the  same  within  three  months  after  the 
assessment  of  compensation  shall  have  been  made  as  hereinbefore  pro- 
vided, the  right  of  the  commissioners  to  make  such  appropriation  on 
the  terms  of  the  assessment  so  made,  shall  cease  and  determine ;  and  the 
bridge  so  appropriated  shall  be  relieved  from  all  incumbrance  on  account 


LAWS   RELATING   TO   AGRICULTURE.  259 

of  the  proceedings  in  such  case,  and  the  judgment  or  order  of  the  court, 
directing  such  award  or  assessment  to  be  paid,  shall  cease  to  be 'of  any 
effect,  except  as  to  the  cost  adjudged  against  the  commissioners. 

Sec.  4942.  [Bonds  may  issue  therefor.]  For  the  purpose  of 
paying  such  agreed  price,  or  any  part  thereof,  or  the  award  or  assessment 
and  costs  of  appropriation,  the  commissioners  may  issue  the  bonds  of 
the  county  in  sums  of  not  more  than  five  hundred  dollars  each,  payable 
in  installments,  during  a  period  not  exceeding  ten  years  from  the  date 
thereof,  with  interest  not  exceeding  the  legal  rate,  payable  semi-annually, 
which  bonds  shall  not  be  sold  at  less  than  their  par  value. 

Sec.  4943.  [And  levy  tax  to  pay  same.]  The  commissioners 
mav  also  cause  to  be  levied  and  collected  such  tax,  not  exceeding  one  mill 
on  each  dollar  of  valuation  of  the  taxable  property  of  the  county  in  any 
year,  as  will  be  necessary  to  pay  the  bonds  issued  in  pursuance  of  the  last 
section  as  they  become  due,  together  with  the  interest  thereon. 

Sec.  4944.  [Must  put  up  caution  notices.]  The  commissioners 
of  the  several  counties  shall  cause  to  be  painted  in  large  letters,  and  con- 
spicuously placed  at  each  end  of  every  free  county  bridge  which  they 
may  deem  proper  to  protect  by  the  provisions  of  this  chapter,  a  notice 
cautioning  all  persons  against  driving  on  or  over  the  bridge  faster  than 
a  walk,  or  driving  on  or  over  the  bridge  at  any  one  time  a  greater  number 
of  cattle  or  horses  than  twenty  head,  under  penalty  of  a  fine  not  to  exceed 
ten  dollars  nor  less  than  one  dollar. 

Sec.  4945.     [Arrest  of  certain  persons  on  view  authorized.]     A 

constable  of  any  township,  or  the  marshal  of  any  city  or  village,  may 
arrest  upon  view,  and  without  any  process,  any  person  violating  the 
provisions  of  the  preceding  section. 

Sec.  4946.  [How  prosecuted.]  Prosecutions  under  the  preced- 
ing section  shall  be  in  the  name  of  the  state,  and  shall  be  commenced 
within  three  months  after  the  offense  is  committed ;  and  nothing  contained 
in  this  chapter  shall  be  construed  to  take  away  from  the  county  com- 
missioners* any  right  of  action  for  changes  [damages]  which  they  may 
have  against  any  person  for  injury  done  to  such  bridge. 


STRAYS    AND   DRIFTS. 

Sec.  6627.     [Who  may  take  up  estrays,  and  when  not  to  be  taken 

up.]  It  shall  be  lawful  for  any  person  holding  land  in  this  state,  by 
deed,  title  bond,  or  lease,  for. three  or  more  years,  and  being  in  posses- 
sion thereof,  to  take  up  any  strays  running  at  large  within  the  township 
where  such  taker-up  resides ;  nor  shall  any  compensation  or  fees  be  al- 
lowed to  any  person  for  taking  up  any  stray  animal  from  the  range  where 
such  animal  usually  runs  at  large,  or  when  the  owner  of  such  stray  is 
known  to  the  taker-up,  except  as  is  provided  in  section  sixty  six  hundred 
and  thirty  eight. 

Sec.  6628.  [Description  of  stray;  its  record  by  township  clerk; 
advertisement;  its  record  by  clerk  of  court;  fees  of  clerks;  oath  of 
taker-up.]  Every  person  taking  up  any  stray  or  strays  shall,  within 
three  days  thereafter,  make  an  accurate  description  of  the  marks,  brands, 
size,  color,  and  supposed  age  of  such  stray  or  strays,  and  if  any  alter- 


260  LAWS    RELATING   TO    AGRICULTURE. 

ation  has  been  made  in  such  marks  or  brands,  within  his  knowledge,  the 
same  shall  be  particularly  described,  and  said  taker-up  shall  leave  a  copy 
thereof  with  the  clerk  of  his  township,  who  shall  record  the  same  in  a 
book,  to  be  kept  for  that  purpose,  and  post  up  a  copy  thereof  on  the 
door  of  his  office,  or  some  other  conspicuous  place  near  thereto :  and 
said  taker-up  shall,  within  five  days,  advertise  the  same  in  writing-,  by 
posting  up  a  copy  thereof,  at  three  public  places  in  said  township ;  and 
if  said  stray  or  strays  shall  be  of  any  other  kind  than  hogs  or  sheep, 
it  shall  be  the  duty  of  the  taker-up,  within  five  days  from  the  time  of 
taking  up  such  stray  or  strays,  to  transmit  a  copy  of  the  description  of 
such  stray  or  strays,  to  the  clerk  of  the  court  of  common  pleas  of  the 
county,  who  shall  enter  the  same  on  his  stray-book  which  books  of  the 
clerks  of  the  county  and  township  shall  be  subject  to  public  inspection 
at  all  reasonable  times ;  and  each  of  said  clerks  shall  be  entitled  to  re- 
ceive and  demand  from  the  taker-up  of  such  stray  or  strays  the  sum  of 
twenty-five  cents  for  the  services  he  may  be  required  to  perform  by 
this  chapter,  and  if  no  person  shall  claim  and  prove  his  or  her  right  to 
any  such  stray  or  strays,  within  twenty  days  after  such  advertisment, 
the  taker-up  shall  go  before  a  justice  of  the  peace  within  the  township, 
and  make  oath  when  and  where  he  found  such  stray  or  strays,  and 
that  he  hath  neither  trimmed,  docked,  nor  altered  the  brands  or  marks 
of  such  stray  or  strays,  or  suffered  the  same  to  be  done ;  and  if  any 
such  alteration  has  been  made  within  his  knowledge  he  shall  state  the  same. 

Sec.  6629.  [Appraisement.]  The  said  justice  shall  issue  an 
order  to  two  respectable  freeholders  or  householders,  to  be  named  in 
such  order,  commanding  them,  forthwith,  to  view  and  appraise  such 
stray  or  strays,  and  to  return  to  him,  upon  oath,  their  appraisement, 
with  a  true  and  accurate  description  of  the  marks,  brands,  size,  color, 
and  supposed  age  of  such  stray  or  strays ;  and  the  taker-up  shall  give 
notice  of  such  order  to  the  persons  therein  named. 

Sec.  6630.  [Its  record  by  justice;  his  fees  and  clerk's;  list  of 
strays  made  by  clerk  of  court.]  Upon  return  being  made  of  the  ap- 
praisement and  description  as  aforesaid,  such  justice  shall  record  the 
same  in  his  stray-book,  together  with  the  names  of  the  taker-up  and 
appraisers ;  and,  in  all  cases,  the  taker-up  of  any  stray  or  strays  as  afore- 
said, shall  pay  to  the  justice  for  his  services  under  this  chapter,  the  sum 
of  fifty  cents :  provided,  that  if  two  or  more  strays,  of  the  same  species, 
shall  be  taken  up  by  one  person  at  the  same  time,  they  shall  be  included 
in  the  same  entry ;  and,  in  such  case,  the  justice  and  clerk  aforesaid, 
shall  receive  no  more  than  for  one  of  such  species ;  and  the  clerk  shall 
cause  a  list  of  all  strays,  with  the  description  thereof,  given  as  afore- 
said, to  be  affixed  at  the  door  of  the  court-house,  on  the  first  day  of  the 
court,  next  holden  after  such  returns  have  been  made  to  his  office. 

Sec.  6631.  [Proceedings  when  taker-up  not  a  freeholder,  etc.] 
If  any  person  or  persons,  other  than  those  authorized  in  section  sixty 
six  hundred  and  twenty  seven,  shall  take  up  any  stray  or  strays,  it  shall 
be  the  duty  of  any  justice  of  the  peace  of  the  township  in  which  such 
stray  or  strays  may  have  been  taken  up,  on  complaint  of  any  freeholder 
of  said  township,  to  issue  his  warrant  for  the  removal  of  such  stray  or 
strays  from  the  possession  of  such  taker-up,  and  for  the  delivery  of  the 
same  into  the  custody  of  any  resident  of  such  township,  having  the  quali- 
fications required  by  section  twenty-six  hundred  arid  twenty-seven :  pro- 
vided, that  if  no  resident  of  such  township,  legally  qualified  as  afore- 


LAWS    RELATING   TO   AGRICULTURE.  261 

said,  shall  be  found  willing  to  receive  such  stray  or  strays,  and  to  pro- 
ceed therewith,  in  all  respects,  as  is  required  by  law,  it  shall  be  the  duty 
of  the  officer  who  may  have  served  such  warrant,  to  suffer  such  stray 
or  strays  immediately  to  go  at  large,  subject,  however,  to  be  taken  up  by 
any  person  legally  qualified,  at  any  subsequent  time. 

Sec.  6632.  [Strays  outside  of  settlement.]  It  shall  be  lawful 
for  any  person  to  take  up  any  stray  or  strays,  found  running  at  large, 
without  the  bounds  of  any  settlement  in  this  state;  and  the  taker-up  of 
any  such  stray  or  strays  shall  forthwith  go  before  the  nearest  justice  of 
the  peace,  and  make  the  oath  required  by  section  sixty-six  hundred  and 
tzccnty-cight,  and  that  he  hath  neither  trimmed,  docked,  nor  altered  the 
brands  or  marks  thereof;  and  if  the  taker-up  be  a  freeholder  or  house- 
holder within  the  county  where  such  justice  resides,  then  the  justice 
and  taker-up  shall  be  governed  by  the  rules  and  regulations  prescribed 
in  the  preceding  sections;  but  if  it  shall  appear  to  the  satisfaction  of 
such  justice  that  the  taker-up  is  not  a  resident  of  the  county,  and  a  free- 
holder or  householder  as  aforesaid,  he  shall  require  the  taker-up  to  give 
sufficient  security  to  such  justice,  for  the  safe-keeping  and  delivery  of 
such  stray  or  strays,  agreeably  to  the  provisions  of  this  chapter; 'and 
on  producing  such  security,  the  justice  shall  make  a  record  thereof  in 
his  stray-book,  and  proceed  in  the  same  manner  as  if  such  stray  had 
been  taken  up  by  a  freeholder  or  householder ;  but  if  the  taker-up  should 
fail  or  refuse  to  give  such  security,  the  justice  shall  issue  his  warrant 
to  any  constable  of  the  township  to  take  into  his  charge,  or  deliver  to 
any  freeholder  or  householder  who  will  take  charge  of  such  stray  or 
strays,  and  proceed  in  the  same  manner  as  if  such  stray  or  strays  had 
been  taken  up  within  the  settlement. 

Sec  6633.  [Proceedings  by  owner  to  reclaim  strays;  sale  in  de- 
fault of  payment  of  costs.]  The  owner  or  owners  of  any  stray  or 
strays  taken  up  as  aforesaid,  on  making  satisfactory  proof  of  his  or  their 
right  thereto  before  any  justice  of  the  township,  within  four  months 
after  the  same  was  taken  up,  shall  be  entitled  to  demand  and  receive 
such  stray  or  strays,  with  the  increase,  if  any,  having  first  paid  as  a  reward 
to  the  taker-up  for  each  horse  kind,  the  sum  of  one  dollar;  for  every 
head  of  neat  cattle,  fifty  cents ;  for  every  sheep,  hog,  or  goat  above  six 
months  old,  twelve  and  a  half  cents,  together  with  the  legal  fees  paid  by 
the  taker-up,  and  reasonable  charges  for  keeping  such  strays;  .but  if 
the  taker-up  and  the  owner  should  disagree  on  the  sum  to  be  paid  for 
keeping  as  aforesaid,  it  shall  be  lawful  for  either  party  to  apply  to  a 
justice  of  the  peace  within  the  township  to  nominate  three  disinterested 
freeholders,  whose  duty  it  shall  be  to  make  such  allowance  for  keeping 
such  strays  as  to  them  shall  appear  just,  and  forthwith  certify  the  same 
under  their  hands  to  such  justice  upon  oath,  and  if  the  owner  shall  fail 
or  refuse  to  pay  the  sum  adjudged,  together  with  the  fees  as  aforesaid, 
within  forty  days  thereafter,  it  shall  be  lawful  for  the  taker-up  to  deliver 
such  stray  or  strays  to  any  constable  of  the  township,  who  shall,  after 
giving  ten  days'  notice  by  advertisement  at  three  of  the  most  public 
places  in  the  township  of  the  time  and  place  of  sale,  proceed  to  sell  the 
same  for  ready  money  to  the  highest  bidder,  to  satisfy  the  costs  and 
charges  aforesaid:  and  the  constable,  after  paying  to  the  taker-up  the 
fees  awarded  and  charges  aforesaid,  and  deducting  one  dollar  for  his 
own  fees,  shall  pay  the  remainder  to  the  owner  of  such  strays. 

Sec.  6634.  [What  strays  shall  vest  in  taker-up;  sale  of  animals 
not  vesting  in  taker-up;  duty  of  justice  and  constable.]     When  the 


262  LAWS    RELATING   TO   AGRICULTURE. 

appraised  value  of  any  stray  or  strays  of  the  same  species,  taken  up  as 
aforesaid,  does  not  exceed  seven  dollars  for  the  whole  number  taken 
up  and  reported  at  one  time,  and  no  person  shall  appear  within  four 
months  after  such  taking  up,  and  prove  his  or  her  right  thereto,  the  right 
to  such  stray  or  strays  shall  vest  in  the  taker-up;  but  if  the  valuation 
shall  exceed  seven  dollars,  and  no  owner  appear  as  aforesaid,  the  taker- 
up  shall  apply  to  the  justice  to  whom  the  return  was  made  of  the  ap- 
praisement, marks,  brands,  size,  color,  and  supposed  age  of  such  stray 
or  strays,  for  a  copy  of  such  return,  which  copy  said  justice  is  hereby 
required  to  give  from  his  stray-book,  and  the  taker-up  shall  forthwith 
deliver  the  same  to  a  constable  of  the  township,  and  the  constable  shall 
immediately  advertise  such  stray  or  strays  for  sale  at  three  public  places 
within  the  township,  mentioning  the  time  and  place  of  sale,  which  shall 
be  at  least  ten  days  from  the  time  of  advertising,  and  which  sale  shall 
be  made  at  some  public  place  in  said  township,  if  of  the  horse  kind, 
but  if  of  any  other  kind  of  strays,  the  same  shall  be  sold  at  the  resi- 
dence of  the  taker-up  between  the  hours  of  ten  o'clock  a.  m.  and  four 
o'clock  p.  m„  at  which  time  and  place  the  taker-up  shall  deliver  such 
stray  or  strays  to  the  constable,  and  take  his  receipt  therefor,  and  trans- 
mit the  same  to  the  township  treasurer. 

Sec.  6635.  [Sale  and  ajustment,  etc.,  of  proceeds,  etc.]  The 
constable  shall  proceed  to  sell  the  same  to  the  highest  bidder,  upon  a 
credit  of  nine  months,  for  the  residue  of  the  purchase  money,  after  pay- 
ing the  expense  of  taking  up,  posting,  and  keeping;  which  expense 
shall  be  ascertained  in  the  manner  directed  in  the  preceding  sections  of 
this  chapter,  and  also  reserving  for  his  fees  the  sum  of  one  dollar;  and 
it  shall  be  the  duty  of  the  constable  after  paying  the  above  expenses 
and  fees,  to  take  an  obligation  from  the  purchaser  for  the  balance  due, 
with  one  or  more  sufficient  sureties  resident  within  the  township,  pay- 
able to  the  township  treasurer,  or  his  successor  in  office,  and  to  deliver 
the  same  to  the  said  treasurer,  for  the  use  of  the  township  in  which 
the  stray  or  strays  are  taken  up ;  and  it  shall  be  the  duty  of  such  con- 
stable to  take  duplicate  receipts  for  the  same,  one  of  which  he  shall  file 
with  the  township  clerk,  together  with  his  certificate  stating  to  whom 
said  property  was  sold,  and  the  amount  for  which  it  was  sold ;  and  it 
shall  be  the  duty  of  said  clerk  to  charge  said  treasurer  with  the  amount 
of  said  obligation,  designating  by  whom  the  same  was  given :  and  it 
shall  also  be  the  duty  of  said  clerk  to  file  said  receipt  and  certificate  in 
his  office. 

Sec.  6636.  [And  how  collected,  etc.;  and  when  to  be  paid  to  the 
owner  of  the  stray.]  Each  treasurer  to  whom  an  obligation  is  given 
as  aforesaid,  is  hereby  authorized  and  empowered  to  sue  for,  recover, 
and  receive,  for  the  purpose  aforesaid,  all  moneys  due  thereon :  provided, 
that  when  any  property  is  sold  as  aforesaid,  and  the  owner  shall  claim 
the  same  within  two  years,  from  and  after  such  sale,  and  prove  his, 
her,  or  their  right  thereto,  to  the  satisfaction  of  a  justice  of  the  peace  for 
the  proper  township,  the  justice  shall  issue  his  order  to  the  treasurer, 
requiring  him  to  assign  the  obligation,  or  any  judgment  thereon,  to  such 
claimant  for  his  own  use,  or,  if  the  money  shall  have  been  paid  into 
the  treasury,  on  such  bond,  requiring  said  treasurer  to  refund  the  same 
to  such  claimant. 

Sec.  6637.  [Penalty,  etc.,  for  working,  selling,  abusing,  etc., 
strays.]      Tf  any  person,  taking  up  any  stray  as  aforesaid,  shall  sell 


LAWS   RELATING   TO   AGRICULTURE.  26S 

the  same,  abuse,  or  suffer  it  to  be  abused,  either  by  working,  riding, 
neglecting  to  feed,  or  in  any  other  manner,  so  that  such  stray  shall,  in 
consequence  thereof,  die,  or  be  lessened  in  value,  or  shall  take',  or  cause 
such  stray  or  strays  to  be  taken  out  of  the  township  more  than  two  days 
at  any  one  time,  or  shall,  by  his  or  her  neglect,  suffer  such  stray  or  strays  to 
escape;  or  if  any  person  shall  knowingly  purchase  any  stray  or  strays, 
contrary  to  the  provisions  of  this  chapter,  the  person  so  offending  shall 
be  liable  to  the  action  of  the  party  injured,  or  the  trustees  of  the  town- 
ship, as  'the  case  may  be,  and,  upon  conviction  thereof,  shall  pay  the 
full  amount  of  damages  sustained,  and  costs  of  suit;  and  if  any  per- 
son, who  may  have  taken  up  any  horse,  mare,  or  gelding,  shall  in  any 
manner  work  or  use  the  same,  such  person  shall  be  debarred  from  re- 
ceiving any  compensation  for  keeping  such  stray. 

Sec.  6638.     [Stallion  deemed  a  stray,  etc.;  may  be  gelded.]     If 

any  stallion,  one  and  a  half  years  old,  or  upward,  shall  be  found  run- 
ning at  large  out  of  the  inclosed  ground  of  the  owner  or  keeper  of 
said  horse,  it  shall  be  lawful  for  any  person  to  take  up  such  horse,  and 
forthwith  give  notice  to  the  owner  or  keeper  thereof,  if  the  said  owner 
or  keeper  be  known ;  and  if  the  owner  or  keeper,  do  not  appear  within 
three  days  thereafter,  and  pay  to  the  said  taker-up  two  dollars  as  a  com- 
pensation for  his  trouble,  the  taker-up  shall  proceed  to  advertise  said 
horse;  and  the  same  proceedings  shall  be  had,  in  every  respect,  as  here- 
inbefore provided  in  cases  of  stray  horses:  provided,  that  the  taker-up 
may,  after  the  expiration  of  twenty  days  from  the  time  of  advertising, 
geld,  or  procure  to  be  gelded,  the  said  horse,  which  shall  be  done  at  the 
risk  and  expense  of  the  owner. 

Sec.  6639.  [Boat,  raft,  etc.,  adrift  may  be  taken  up;  description: 
and  appraisement  thereof.]  It  shall  be  lawful  for  any  person  or  per- 
sons, finding  any  boat,  watercraft,  raft,  or  piece  of  raft,  or  other  valu- 
able property  gone  or  going  adrift,  within  this  state,  or  any  of  the  waters 
adjoining  thereto,  to  take  up  and  secure  such  boat,  watercraft,  or  piece 
of  a  raft,  or  other  valuable  property;  and  if  no  person  shall  claim  and 
prove  his  right  to  such  boat,  watercraft,  raft,  or  piece  of  a  raft,  or  other 
valuable  property,  within  thirty  days  thereafter,  the  taker-up  shall  cause 
such  boat,  watercraft,  raft,  or  piece  of  a  raft,  or  other  valuable  prop- 
erty, to  be  viewed  by  two  freeholders  or  householders  of  the  township, 
who  shall,  after  viewing  the  same,  give  a  description  thereof,  in  writ- 
ing, together  with  the  value  of  such  boat,  watercraft,  raft,  or  piece  of  a 
raft,  or  other  valuable  property,  and  certify  the  same  under  their  hands : 
which  certificate  the  taker-up  shall  deliver  within  five  days,  to  some  jus- 
tice of  the  peace  within  the  township. 

Sec.  6640.  [Its  record,  disposition,  etc.,  and  fees  of  justice  and 
clerk ;  when  taker-up  may  be  required  to  give  security,  and  proceed- 
ings in  such  case.]  The  justice  to  whom  such  certificate  shall  be  de- 
livered, shall  make  a  record  thereof  in  his  stray  book ;  and  the  taker  up 
shall,  at  the  same  time,  pay  to  the  justice  the  sum  of  twenty-five  cents 
for  his  services,  and  deposit  the  sum  of  twenty-five  cents  in  the  hands 
of  said  justice,  to  be  bv  him  transmitted,  together  with  the  certificate 
aforesaid,  within  fifteen  davs,  to  the  clerk  of  the  court  of  common  pleas, 
and  the  clerk  shall  enter  the  same  in  his  stray  book,  and  file  the  original 
in  his  office:  provided,  alwavs,  that  if  the  taker  up  is  not  a  freeholder 
or  householder,  within  the  county,  the  justice  may.  if  he  deem  it  nec- 
essarv.  require  him  to  give  security,  as  in  the  case  of  stray  animals,  taken 


264  LAWS   RELATING   TO   AGRICULTURE. 

up  under  this  chapter ;  and  on  neglect  or  refusal  to  comply  with  such  rule, 
the  justice  may  take  such  boat,  watercraft,  raft,  or  piece  of  a  raft,  or 
other  valuable  property,  into  his  own  possession,  or  deliver  it  to  any 
freeholder  in  the  township,  who  shall  take  charge  thereof ;  and  the  same 
proceedings  shall  be  had  as  in  case  of  persons  taking  up  stray  animals 
under  this  chapter. 

Sec.  6641.  [How  owner  of  drift  may  reclaim  it.]  The  owner 
of  such  boat,  craft,  raft,  or  piece  of  a  raft,  or  other  valuable  property, 
on  proving  his  right  thereto,  within  the  time  hereinafter  limited,  and 
paying  to  the  taker-up,  for  each  flat  or  keel  boat,  scow,  or  lighter,  and 
for  each  skiff,  pirogue,  or  other  valuable  property,  such  reward  or  com- 
pensation as  shall  be  deemed  reasonable,  at  the  discretion  of  the  justice  of 
the  peace,  together  with  the  fees  allowed  by  this  chapter,  shall  be  en- 
titled to  demand  and  receive  such  boat,  craft,  raft,  or  piece  of  a  raft,  or 
other  valuable  property,  so  taken  up,  as  aforesaid. 

Sec.  6642.  [When  drift  shall  vest  in  taker-up,  and  what  sold, 
and  how.]  If  the  appraised  value  of  such  boat  or  craft,  raft  or  piece 
of  a  raft,  or  other  valuable  property,  does  not  exceed  five  dollars,  and 
if  no  person  shall  appear  within  two  months  after  the  taking  up  thereof, 
and  prove  his  right  thereto,  the  right  of  such  boat  or  craft,  raft,  or  piece 
of  a  raft,  or  other  valuable  property,  shall  vest  in  the  taker-up ;  but  if 
the  value  shall  exceed  five  dollars,  and  the  owner  does  not  appear  and  prove 
his  right  thereto,  within  two  months,  then  the  taker-up  shall  deliver 
the  same  to  any  constable  of  the  township,  and  take  his  receipt  therefor ; 
and  the  constable  shall  proceed  to  advertise,  sell,  and  pay  over  the 
money  arising  therefrom,  in  the  same  manner  as  is  directed  in  the  case 
of  stray  animals,  by  the  preceding  sections  of  this  chapter;  and  the 
owner  of  such  boat,  craft,  raft,  or  piece  of  a  raft,  or  other  valuable 
property,  sold  as,  aforesaid,  shall  be  entitled  to  receive  the  amount 
thereof,  out  of  the  township  treasury,  in  the  same  manner  as  is  pro- 
vided in  the  preceding  sections,  in  the  case  of  stray  animals :  provided, 
that  if  the  appraised  value  of  any  boat  or  craft,  taken  upon  the  shores 
of  Lake  Erie,  shall  not  exceed  eight  dollars,  and  no  person  shall  appear 
and  prove  his  right  thereto,  within  the  time  provided  by  this  section, 
such  boat  or  craft,  or  other  property,  shall  be  vested  in  the  person  taking 
up  the  same. 

Sec.  6643.  [Township  treasurers  to  deliver  moneys,  books,  etc., 
to  successors;  proceedings  as  to  strays  when  new  township  laid  off.] 
The  several  township  treasurers  shall  pay  over  all  moneys,  in  their 
hands,  belonging  to  the  treasury,  and  also  deliver  all  books,  and  all  bonds 
deposited  in  their  hands,  to  their  successors  in  office ;  and  when  any 
new  township  shall  be  set  off,  within  the  bounds  of  which  there  shall  be 
any  stray  of  [or]  drift,  which,  agreeably  to  this  chapter,  ought  to  be 
sold,  it  shall  be  the  duty  of  the  justice  to  whom  the  return  of  the  ap- 
praisement of  such  stray  or  drift  was  made,  or  his  successor  in  office, 
to  furnish  a  copy  of  such  appraisement  to  the  constable  whose  duty 
it  would  have  been  to  sell  such  stray  or  drift,  had  not  such  township  been 
so  set  off ;  and  the  constable,  furnished  with  such  copy,  shall  proceed  to 
advertise  and  sell  such  stray  or  drift  in  the  same  manner  as  hereinbe- 
fore provided  ;  and  the  proceeds  of  such  sale,  after  paying  the  incidental 
expenses,  shall  be  paid  into  the  treasury  of  the  township  so  set  off,  for 
the  use  of  such  township. 

Sec.  6644.  [Justice's  stray-book;  to  deliver  it  to  successor,  who 
may  give  copies,  etc.]      It  shall  be  the  duty  of  each  justice  of  the  peace, 


LAWS   RELATING   TO   AGRICULTURE.  265 

to  keep  a  book  of  sufficient  size  for  the  purpose  of  recording  all  strays 
the  appraisement  of  which  shall  be  returned  to  his  office;  and  when  the 
office  of  such  justice  becomes  vacant,  by  his  term  of  service  expirino- 
resignation,  or  otherwise,  he,  or  his  legal  representatives,  shall  deliver 
the  said  book  to  the  clerk  of  the  township;  and  it  shall  be  the  duty  of 
such  clerk  to  deliver  over  such  book  to  the  person  who  shall  succeed 
said  justice  m  office,  whose  duty  it  shall  be  to  furnish  a  copy  of  such 
appraisement,  in  the  same  manner  as  if  he  had  been  in  office  at  the  time 
the  return  of  such  appraisement  was  made. 

Sec.  6645.  [Penalty  for  negleet  of  duty,  etc.,  under  this  chapter; 
township  treasurers  to  sue,  etc.]  If  any  person  shall  neglect  to  perform 
any  ot  the  duties  required  by  this  chapter,  or  shall  do  anything  contrary 
thereto,  such  person  shall  forfeit  and  pay  a  sum  not  exceeding  one  hun- 
dred dollars,  nor  less  than  one  dollar,  to  be  recovered  by  action  before 
any  court  having  cognizance  thereof,  and  shall,  moreover,  be  liable  to 
the  action  of  the  party  injured;  and  it  is  hereby  made  the  duty  of  each 
township  treasurer  to  sue  for,  and  collect  and  pay  over,  all  moneys  aris- 
ing by  virtue  of  any  forfeiture  incurred  as  aforesaid.     * 

Sec.  6646.  [In  name  of  trustees.]  All  suits  brought  in  behalf 
of  the  township  under  the  provisions  of  this  chapter,  shall  be  prosecuted 
by  the  treasurer  thereof,  in  the  name  of  the  trustees  of  the  township, 
anything  in  this  chapter  to  the  contrary  notwithstanding. 

Sec.  6647.  [Fees  of  freeholders.]  In  every  case,  when  any 
freeholders  or  householders  perform  any  services  under  the  provisions 
of  this  chapter,  they  shall  each  be  entitled  to  receive  the  sum  of  fifty 
cents  for  each  day  they  may  be  actually  employed,  to  be  paid  at  the  time 
of  service,  by  the  person  or  persons  taking  up  such  stray  or  strays. 

Sec  6647a.  [Abandoned  or  stolen  property;  how  disposed  of.] 
That  whenever  any  property  abandoned,  stolen  or  supposed  to  have  been 
stolen,  shall  come  into  the  possession  of  any  sherifT,  constable  or  other 
person,  except  a  policeman  or  city  marshal,  and  shall  remain  in  the 
possession  of  said  officer  or  person  for  a  period  of  thirty  days  without 
being  reclaimed  by  the  owner,  said  property,  if  an  animal,  shall  be  dis- 
posed of  as  provided  in  said  chapter  in  regard  to  estrays ;  if  other  than 
an  animal,  it  shall  be  disposed  of  as  provided  in  said  chapter  in  regard 
to  drifts. 


DOMESTIC   ANIMALS. 


Sec  6850.  [Altering  ear-marks  or  brands  of  domestic  animals.] 
Whoever  maliciously  alters  or  defaces  any  artificial  ear-mark  or  brand, 
upon  any  horse,  mare,  foal,  filly,  jack,  mule,  ass,  sheep,  goat,  cow,  ox, 
steer,  bull,  heifer,  or  swine,  the  property  of  another,  shall  be  fined  not 
more  than  fifty  dollars,  or  imprisoned  not  more  than  twentv  days,  or 
'both. 

Sec  6851.  [Killing  or  injuring  domestic  animals.]  Whoever 
maliciously  kills  or  injures  any  animal  mentioned  in  the  last  section, 
the  property  of  another,  shall,  if  the  value  of  the  animal  killed,  or  the 
injury  done  is  thirty-five  dollars  or  more,  be  imprisoned  in  the  peni- 
tentiary not  more  than  five  years  nor  less  than  one  year,  or,  if  the  value 
is  less  than  that  amount,  be  fined  not  more  than  two  hundred  nor  less 
than  twenty  dollars,  or  imprisoned  not  more  than  three  months,  or  both. 


266  LAWS   RELATING   TO   AGRICULTURE. 

Sec.  6852.  [Administering  poison  to  domestic  animals.]  Who- 
ever maliciously  administers  poison,  of  any  sort  whatever,  to  any  ani- 
mal mentioned  in  section  sixty-eight  hundred  and  fifty,  the  property  of 
another,  with  intent  to  injure  or  destroy  such  animal,  shall  be  fined  not 
more  than  two  hundred  nor  less  than  fifty  dollars,  or  imprisoned  not 
more  than  thirty  days,  or  both. 

Sec.  6853.  [The  last  two  sections  not  to  apply  to  trespassing 
animals.]  The  last  two  sections  shall  not  extend  to  a  person  who 
kills  or  injures,  or  attempts  to  kill  or  injure,  any  animal  mentioned 
therein  while  endeavoring  to  prevent  it  from  trespassing  upon  his  in- 
closure,  or  while  it  is  trespassing  therein,  or  thereafter  driving  it  away 
from  his  premises;  provided,  within  fifteen  days  payment  shall  be 
made  in  full  for  all  damages  done  to  such  animal  by  such  killing  or  in- 
juring, less  the  amount  of  actual  damage  done  by  such  animal  while 
so  trespassing,  or  a  sufficient  amount  be  deposited  with  the  nearest  jus- 
tice of  the  peace  within  said  fifteen  days  to  cover  all  such  damages. 
Otherwise  the  provisions  of  the  two  preceding  sections  shall  be  and 
remain  in  full  force.  Any  such  money  so  deposited  with  a  justice  of 
the  peace  to  remain  in  his  charge  and  custody  until  a  determination  of 
the  amount  of  damages  resulting  from  such  killing  or  injury,  and  the 
damages  from  such  trespassing,  and  while  in  the  custody  of  such  justice 
he  and  his  bondsmen  shall  be  responsible  for  its  safe  keeping  and  proper 
payment  of  such  as  for  money  collected  on  a  judgment,  and  such  justice 
shall  be  entitled  and  draw  a  fee  of  five  per  cent,  for  his  services  in  be- 
coming such  custodian. 

Sec.  6854.  [Taking,  using,  etc.,  horse,  mule,  etc.,  without  leave.] 
Whoever  wrongfully  takes  or  unhitches  any  horse,  mare,  gelding,  foal, 
or  filly,  ass,  or  mule,  from  the  stable  or  lot  of  another,  or  from  any 
other  place  where  any  such  animal  has  been  lawfully  hitched  or  placed, 
without  the  consent  of  the  owner  of  the  animal  so  taken  or  unhitched, 
with  intent  to  injure,  set  at  large,  or  use  such  animal,  shall  be  fined  not 
more  than  two  hundred  dollars,  or  imprisoned  not  more  than  ninety  days, 
or  both. 

Sec.  6854a.  [Wrongful  taking  of  bicycle,  etc.,  with  intent  to 
injure  same.]  Whoever  wrongfully  takes  any  bicycle,  tricycle  or 
tandem  bicycle  from  the  house  or  lot  of  another  person,  or  from  any 
other  place  where  any  such  bicycle,  tricycle  or  tandem  bicycle  has  been 
lawfully  placed,  with  intent  to  injure  or  use  such  bicycle,  tricycle  or 
tandem  bicycle,  shall  be  fined  not  more  than  one  hundred  dollars  or  im- 
prisoned not  more  than  sixty  days,  or  both. 

Sec.  68546.  [Maliciously  altering,  etc.,  name  or  number  of  bicy- 
cle, etc.]  Whoever  maliciously  alters  or  defaces  any  number  on,  or 
removes  any  number-plate  from  any  bicycle,  tricycle  or  tandem  bicycle 
the  property  of  another,  or  who  maliciously  alters,  defaces  or  removes 
any  name  placed  on  any  bicycle,  tricycle  or  tandem  bicycle  the  property 
of  another,  shall  be  fined  not  more  than  fifty  dollars  or  imprisoned  not 
more  than  thirty  days,  or  both. 

Sec.  6854f.  [Maliciously  injuring  part  of  bicycle,  etc.]  Who- 
ever maliciously  injures  (or  removes)  the  tire  on  any  bicycle,  tricycle 
or  tandem  bicycle,  the  property  of  another,  either  by  puncturing,  cutting, 
defacing  or  in  any  manner  destroying  any  tire  on  any  bicycle,  tricycle  or 
tandem  bicycle,  or  who  maliciously  removes  or  destroys  or  defaces  any 


LAWS   RELATING   TO  AGRICULTURE.  267 

part  of  any  bicycle,  tricycle  or  tandem  bicycle  the  property  of  another, 
shall  be  fined  not  more  than  fifty  dollars  or  imprisoned  not  more  than 
thirty  days,  or  both  provided  that  said  bicycle,  tricycle  or  tandem  bicycle 
has  been  listed  for  taxation. 

Sec.  6854^.  [Unlawfully  placing  upon  public  way  substance 
liable  to  injure  pneumatic  tire.]  Whoever  purposely  places  or  causes 
to  be  placed  in  or  upon  any  avenue,  street,  alley,  road,  highway,  or  public 
way,  any  tack,  nail,  piece  of  iron,  broken  glass,  bottle,  brier,  thorn,  or 
other  substance,  except  such  substance  as  may  be  placed  on  any  avenue, 
street,  alley,  road,  highway,  or  public  way  by  proper  authority  for  the 
repair  or  construction  of  the  same,  which  may  injure,  cut  or  puncture 
any  pneumatic  tire,  shall  be  guilty  of  a  misdemeanor  and  shall  be  fined 
not  more  than  fifty  dollars  nor  less  than  five  dollars. 

Sec.  6854c.  [Disposition  of  fines.]  Such -fines  when  collected 
shall  be  paid  into  the  road  or  street  fund  of  the  township  op  municipal 
corporation  in  which  they  were  collected. 

Sec.  6855.  [Selling  diseased  animals,  allowing  same  to  run  at 
large  or  come  in  contact  with  other  animals.]  Whoever,  being  the 
owner,  or  having  the  charge  of  any  animal  mentioned  in  section  sixty- 
eight  hundred  and  fifty,  knowing  the  same  to  have  any  infectious  or  con- 
tagious disease,  or  to  have  been  recently  exposed  thereto,  sells,  barters, 
or  disposes  of  such  animal,  without  first  disclosing  to  the  person  to  whom 
the  same  is  sold,  bartered  or  disposed  of,  that  such  animal  is  so  diseased, 
or  has  been  so  exposed,  as  aforesaid,  or  knowingly  permits  such  animal 
to  run  at  large,  or,  knowing  such  animal  to  be  diseased  as  aforesaid, 
knowingly  permits  the  same  to  come  into  contact  with  any  such  animal 
of  another  person  without  his  knowledge  or  permission,  shall  be  fined 
not  more  than  five  hundred  nor  less  than  twenty  dollars,  or  imprisoned 
not  more  [than]  thirty  days,  or  both. 

Sec.  6864.  [Malicious  destruction  of  trees  arid  crops.]  Whoever 
maliciously  cuts  down,  or  destroys,  or  by  girdling,  or  any  other  means, 
injures,  any  standing  or  growing  vine,  bush,  shrub,  sapling  or  tree,  not 
his  own,  or  maliciously  injures  or  destroys  or  severs  from  the  land  of 
another,  any  product  standing  or  growing  thereon,  or  any  other  thing 
attached  thereto,  shall,  if  the  value  of  the  thing  destroyed,  or  the  amount 
of  the  damage  done  to  any  such  thing,  or  to  the  land,  is  thirty-five  dol- 
lars or  more,  be  imprisoned  in  the  penitentiary  not  more  than  three  years 
nor  less  than  one  vear,  or,  if  the  value  is  less  than  that  sum,  be  fined  not 
more  than  one  hundred  and  fifty  nor  less  than  five  dollars,  or  imprisoned 
not  more  than  thirty  days  nor  less  than  one  day. 

Sec.  6865.  [Altering  or  removing  landmarks.]  Whoever  know- 
ingly and  maliciously  cuts,  fells,  defaces,  alters,  or  removes,  any  land- 
mark, corner,  or  bearing-tree,  properly  established,  or  any  monument 
lawfully  placed  on  the  line  between  this  state  and  Pennsylvania,  shall 
be  fined  in  any  sum  not  more  than  five  hundred  dollars,  or  imprisoned 
not  more  than' thirty  days,  or,  both. 

Sec.  6866.  [Removing  township  corner  posts.]  Whoever  dis- 
places or  removes  anv  monument  placed  by  the  county  surveyor,  or  by 
the  direction  of  the  county  commissioners,  at  the  corner  of  any  originally 
surveyed  township,  shall' be  fined  not  more  than  one  hundred  dollars, 
or  imprisoned  not  more  than  thirty  days,  or  both. 


268  LAWS    RELATING   TO    AGRICULTURE. 

Sec.  6868.  [Throwing  down  fences  or  opening  gates.]  Who- 
ever wantonly  or  maliciously  throws  or  lays  down,  or  opens,  prostrates, 
or  injures,  any  fence  enclosing  any  land,  the  property  of  another,  or 
any  bars  or  gate  in  any  such  fence,  shall  be  fined  not  more  than  one 
hundred  dollars,  or  be  imprisoned  not  more  than  thirty  days,  or  both. 
Prosecutions  under  this  section  shall  not  be  commenced  after  one  year 
from  the  time  the  offense  was  committed. 

,  Sec.  6869.  [Malicious  injury  of  toll-gate.]  Whoever  willfully 
or  maliciously  cuts  down,  demolishes,  destroys  or  injures  any  turnpike 
or  .plank  road,  toll-gate  or  toll-board  or  any  toll-gate  erected  on,  or  any 
fence  which  has  lawfully  been  erected  across,  or  partially  across  any 
turnpike  or  plank  road,  or  the  national  road,  or  whoever,  with  intent 
to  evade  the  payment  of  toll,  passes  through  any  private  g*ate  or  bars 
or  along  any  other  ground  near  a  turnpike  or  plank  road,  or  the  national 
road  toll-gate  erected  in  pursuance  of  law,  or  practices  any  fraudulent 
or  forcible  means  with  intent  to  evade  or  lessen  the  payment  of  toll,  shall 
be  fined  not  more  than  fifty  dollars  nor  less  than  five  dollars. 

Sec.  6870.  [Fast  driving,  etc.,  over  bridges.]  Whoever  rides 
or  drives  faster  than  a  walk  on  or  over  any  toll  bridge  erected  across 
the  Ohio  river,  or  any  other  toll  bridge  having  placed  upon  it,  by  the 
owner  thereof,  a  caution  notice  according  to  law,  or  any  free  county 
bridge,  having  placed  upon  it,  by  the  commissioners  of  the  county,  a 
caution  notice  according  to  law,  or  drives  on  or  over  any  such  bridge 
more  than  twenty  head  of  cattle  at  one  time,  or,  with  intent  to  defraud, 
fails  or  refuses  to  pay  the  usual  toll  for  crossing  any  such  bridge,  shall 
be  fined  not  more  than  ten  dollars  nor  less  than  one  dollar. 

Sec.  6877.  [Injuring  and  committing  nuisances  in  buildings.] 
Whoever  maliciously  injures  or  defaces  any  church  edifice,  school  house, 
dwelling  house,  or  other  building,  its  fixtures,  books,  or  appurtenances, 
or  commits  any  nuisance  therein,  or  purposely  and  maliciously  commits 
any  trespass  upon  the  inclosed  grounds  attached  thereto,  or  any  fixtures 
placed  thereon,  or  any  inclosure  or  sidewalk  about  the  same,  shall  be 
fined  in  any  sum  not  more  thai   one  hundred  dollars. 

Sec.  6878.  [Destroying  or  defacing  newspapers,  etc.,  belonging 
to  libraries.]  Whoever  intentionally  defaces,  obliterates,  tears,  or 
destrovs,  in  whole  or  in  part,  any  newspaper,  magazine,  or  periodical,  on 
file  in  any  reading-room  belonging  to  another  person,  or  cuts  therefrom 
any  article  or  advertisement,  shall  be  fined  not  more  than  one  hundred 
nor  less  than  ten  dollars,  or  imprisoned  not  more  than  thirty  days, 
or  both. 

Sec.  6879.  [Demolishing  guide-boards,  etc.]  Whoever  mali- 
ciously demolishes,  throws  down,  alters,  or  defaces,  any  mile-stone,  mile- 
board,  mile-post,  guide-board,  or  guide-post,  standing  on  any  public 
road,  shall  be  fined  not  more  than  fifty  dollars,  or  imprisoned  not  more 
than  ten  days,  or  both. 

Sec.  6880.  [Trespassing  by  destroying  trees  and  crops.]  Who- 
ever wrongfully,  and  without  lawful  authority,  cuts  down  or  destroys, 
or  by  girdling,  or  any  other  means,  injures  any  vine,  bush,  shrub,  sap- 
ling," or  tree,  standing  or  growing  upon  land  not  his  own,  or  severs  from 
the  land  of  another,  or  injures,  or  destroys  any  product  standing  or 
growing  thereon,  or  other  thing  attached  thereto,  shall  be  fined  in  any 


LAWS    RELATING   TO   AGRICULTURE.  269 

sum  not  more  than  one  hundred  and  fifty  dollars,  or  imprisoned  not 
more  than  thirty  days,  or  both. 

This  section  applies  to  injuring  trees  in  the  line  of  a  highway  by  a  person, 
constructing  a  line  of  telegraph  under  United  States  laws  who  injures  them  against 
the  owner's  protest:    Daily  v.  State,  51  O.  S.,  348. 

Sec.  688otf.  [Trespassing,  cutting  timber,  etc.;  how  punished.] 
Whoever  shall  saw,  bore,  or  cut  down  any  timber,  tree,  or  trees  of  what- 
ever size,  or  any  poles  commonly  called  hoop-poles,  standing  or  grow- 
ing upon  the  lands  of  another,  or  lands  of  the  state  of  Ohio,  or  shall 
unlawfully  take,  carry,  or  haul  away  from  the  lands  of  another  person, 
or  lands  of  the  state  of  Ohio,  any  timber,  saw-logs,  rails,  rail-cuts,  tan- 
bark,  hoop-poles,  railroad  ties,  hoops,  staves,  stave-bolts,  or  blocks, 
butts,  or  any  timber  of  any  value  whatever,  or  shall  unlawfully  dig  i  p, 
pluck  off,  or  carry  away  from  the  lands  of  another  person,  any  culti- 
vated root  or  roots,  plant  or  plants,  fruit,  or  any  other  vegetable  pro- 
duction or  productions,  with  intent  in  each  or  any  of  the  above  recited 
cases  to  injure  the  owner  of  said  lands  in  his  property,  pr  to  defraud 
him  or  them,  if  the  value  of  the  property  so  severed  or  taken  is  of  the 
value  of  thirty-five  dollars  or  more,  shall  be  guilty  of  a  felony,  and  be 
imprisoned  in  the  penitentiary  not  more  than  three  years  not  less  thin 
one  year,  and  shall  pay  the  costs  of  prosecution.  And,  if  any  person 
shall  be  convicted  of  either  or  any  of  the  offenses  mentioned  in  this  sec- 
tion, and  the  value  of  the  property  severed,  or  in  any  manner  taken 
from  the  lands  in  violation  of  this  section,  shall  be  less  than  thirty-five 
dollars,  he  shall  be  guilty  of  a  misdemeanor,  and  be  fined  in  any  sum 
not  less  than  twice  the  value  of  the  property  severed,  or  carried  away 
from  lands  as  aforesaid,  or  imprisoned  in  the  jail  of  the  county  not  ex- 
ceeding thirty  days,  or  both,  at  the  discretion  of  the  court,  and  pay  costs 
of  prosecution. 

Sec.  68806.  [Penalty  for  buying  timber  cut  unlawfully.]  Who- 
ever shall  buy  any  of  the  property  mentioned  in  section  six  thousand 
eight  hundred  and  eighty  (a),  or  any  lumber,  timber,  bark,  rails,  hoops, 
or  hoop-poles,  railroad  ties,  made  or  taken,  knowing  that  the  same  had 
been  severed  or  taken  from  the  lands  of  another,  or  from  the  lands  of 
the  state  in  violation  of  section  six  thousand  eight  hundred  and  eighty  (a), 
with  intent  to  defraud  the  owner  of  such  property,  shall  be  fined  not  less 
than  twice  the  value  of  the  property  bought  or  received  as  aforesaid,  or 
imprisoned  in  the  jail  of  the  county  not  exceeding  thirty  days,  or  both, 
at  the  discretion  of  the  court,  and  shall  pay  the  costs  of  prosecution. 

Sec.  6880c?.     [How    judgment    collected    and   paid    over.]     The 

court  trying  anv  cause  arising  under  the  last  four  preceding  sections, 
shall  instruct  the  jury  to  find  the  value  of  the  property  severed  or  taken 
from  the  land,  bought,  received  or  sawed  or  manufactured,  as  the  case 
may  be,  in  violation  of  any  of  the  provisions  of  said  sections,  and  shall 
render  judgment  against  the  party  convicted  for  the  amount  of  fine  as- 
sessed and  costs  of  prosecution,  and  the  sheriff,  or  other  officer  collect- 
ing said  judgment,  shall,  after  paying  all  costs  of  prosecution,  pay  over 
to  the  owner  of  said  property  severed  or  taken  as  aforesaid,  twice  the 
value  thereof,  as  returned  by  the  jury. 

Sec.  688o^.  [Trespassing  upon  lands  of  another;  penalty.] 
Whoever,  being  about  to  enter  unlawfully  upon  the  inclosed  or  unin- 
closed  lands  or  premises  of  another,  and  shall  be  forbidden  so  to  do  by 
the  owner  or  occupant,  or  his  agent  or  servant,  or  who,  being  unlawfully 


2^0  LAWS   RELATING   TO   AGRICULTURE. 

upon  the  inclosed  or  uninclosed  lands  or  premises  of  another,  shall  be 
notified  to  depart  therefrom  by  the  owner  or  occupant,  or  his  agent  or 
servant,  and  shall  thereafter  enter  upon  such  lands  or  premises,  or  neg- 
lect or  refuse  to  depart  therefrom,  except  persons  who  are  crossing  said 
lands  or  premises  for  some  lawful  purpose,  with  the  consent  of  the  owner 
of  such  premises,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  one  nor  more  than  five  dollars,  and 
shall  pay  the  costs  of  prosecution. 

Sec.  6881.  [Trespassing  while  mining.]  Whoever,  in  mining 
for  coal,  or  other  minerals,  willfully  and  without  lawful  authority,  tres- 
passes upon  the  lands  of  another,  shall  be  fined  not  more  than  one  hun- 
dred nor  less  than  five  dollars,  or  imprisoned  not  more  than  ten  days, 
or  both ;  and  any  continuation  of  such  trespass  for  twenty-four  hours 
after  the  commencement  of  any  prosecution  under  this  section,  shall 
be  deemed  a  separate  offense ;  and  all  prosecutions  hereunder  shall  be 
commenced  within  one  year  from  the  time  the  offense  becomes  known 
to  any  owner  of  the  property  injured. 

Sec.  688i<7.  [Trespass  by  owner  of  shanty-boat;  penalty.]  Who- 
ever being  the  owner  of  any  shanty-boat,  anchors,  ties  or  beaches  said 
"boat  upon  the  real  estate  of  another  along  a  creek  or  river,  unless  in 
case  of  distress  or  for  a  longer  period  than  thirty-six  hours,  without 
the  permission  of  the  owner  or  agent  of  the  said  real  estate  upon  which 
said  boat  is  anchored,  tied  or  beached,  shall  upon  conviction  be  fined 
not  more  than  fifty  dollars  or  imprisoned  not  more  than  thirty  days. 

(6881-1)  Sec.  1.  [Forbidding  trespasses  by  employes  of  tele- 
phone and  telegraph  companies.]  Be  it  enacted  by  the  General  Assem- 
bly of  the  state  of  Ohio,  That  any  person  engaged  either  for  himself,  or 
as  an  officer,  clerk,  agent,  servant,  or  other  employe  of  any  corporation, 
company,  firm,  or  person  doing  business  wholly  or  partly  in  the  state 
of  Ohio,  as  receivers  and  transmitters  of  messages  or  other  communi- 
cations, either  by  telegraph,  telephone,  or  other  similar  means,  or  of 
any  electric  light,  district  telegraph,  or  other  company,  person,  firm  or 
corporation,  who  shall  enter  into  or  upon  the  premises,  building  or 
buildings  of  another  for  the  purpose  of  constructing,  altering,  repairing, 
or  examining  the  wires,  poles,  insulators,  frames,  or  other  appendages 
belonging  to  such  corporation,  company,  firm  or  person,  without  the  writ- 
ten consent  of  the  owner  or  agent  of  such  premises,  building  or  buildings, 
or  shall  attach  thereto  any  wire,  pole,  insulator,  frame,  or  other  ap- 
pendage whatsoever,  without  such  consent,  shall  be  fined  not  less  than 
ten  nor  more  than  one  hndred  dollars. 

Sec.  6882.  [Defacing  or  destroying  advertisements  or  notifica- 
tions set  up  by  authority  of  law,  or  by  bridge  owners.]  Whoever 
intentionally  defaces,  obliterates,  tears  down,  or  destroys,  in  whole  or  in 
part,  any  copy  or  transcript  of  any  law  of  the  United  States,  or  of  the 
state  of  Ohio,  or  any  proclamation,  publication,  advertisement  or  notifi- 
cation whatsoever,  set  up  in  any  public  place,  for  the  public  information 
of  any  citizen,  by  the  authority  of  any  law  or  act  of  this  state,  or  any 
sign,  notice,  card,  or  tables  of  rules  or  rates  or  any  other  notice,  affixed 
or  pasted  upon  any  bridge,  by  any  owner  or  keeper  thereof,  for  the  in- 
formation of  the  public,  shall  be  fined  not  more  than  twenty  dollars,  or 
imprisoned  not  more  than  twenty-four  hours,  or  both. 

Sec.  6883.  [Posting  bills,  etc.,  on  buildings,  etc.,  without  con- 
sent of  owner.]     Whoever  paints,  prints,  pastes,  stencils,  or  otherwise 


LAWS   RELATING   TO   AGRICULTURE.  271 

marks  upon,  or  in  any  manner  places  upon  or  affixes  to,  any  building, 
fence,  wall,  or  tree,  without  the  consent  of  the  owner  thereof,  any  word, 
letter,  character,  figure,  sentence,  or  device,  or  any  handbill,  or  notice, 
shall  be  fined  not  more  than  fifty  nor  less  than  ten  dollars ;  but  this  sec- 
tion does  not  apply  to  the  posting  of  any  handbill  or  notice  of  any  public 
sale  of  property  by  any  sheriff,  administrator,  executor,  or  licensed  auc- 
tioneer, or  any  notice  required  by  any  law  to  be  posted. 

Sec.  6884.  [Setting  up  obstruction  on  public  sidewalk.]  Who- 
ever sets  up  any  table,  stand,  tent,  wagon  or  other  article,  to  use  or  let 
for  profit,  on  a  public  footwalk  or  sidewalk  constructed  according  to 
law,  by  any  person,  or  any  board  of  education,  the  council  of  any  mu- 
nicipal corporation,  the  trustees  of  any  cemetery  association,  the  trus- 
tees of  any  township,  or  any  agricultural  or  religious  society,  or  rides, 
drives,  leads,  or  'hitches  any  horse  or  other  animal  on  such  footwalk 
or  sidewalk,  or  in  any  other  way  obstructs  the  same,  or  digs  up  or  re- 
moves any  of  the  material  of  which  the  same  is  composed,  shall  be  fined 
not  more  than  twenty-five  not  less  than  five  dollars,  or  imprisoned  not 
more  than  ten  days,  or  both. 

(6884-1)  [Unlawful  camping  on  public  highways  or  adjacent 
lands.]  It  shall  be  unlawful  for  any  band -of  gypsies,  wanderers, 
travelers,  or  other  person  or  persons,  to  camp  in  tent,  wagon  or  other- 
wise, on  the  public  highway,  or  lands  adjacent  thereto,  for  a  longer  pe- 
riod than  twenty-four  hours  without  consent  of  the  owners  of  such 
adjacent  land,  or  consent  of  owner  of  land  abutting  on  the  highway  where 
such  camping  place  is  made. 

(6884-2)  Sec.  2.  [Penalty.]  Any  person  or  persons  violating 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  exceeding  ten  dollars,  or  imprisoned 
in  the  county  jail  not  exceeding  thirty  days,  or  both. 

Sec.  6885.  [Breaking  open  pound,  etc.]  Whoever  interferes 
with,  breaks  open,  destroys,  or  injures,  any  pound  erected  under 
authority  of  any  law,  or  sets  at  liberty  any  animal  impounded  therein, 
shall  be 'fined  not  more  than  fifty  dollars,  or  imprisoned  not  more  than 
ten  days,  or  both. 


nuisances. 


Sec.  6921.  [Nuisances.]  WThoever  erects,  continues,  uses  or 
maintains,  any  building,  structure,  or  place  for  the  exercise  of  any  trade, 
employment,  or  business,  or  for  the  keeping  or  feeding  of  any  animal, 
which,"  by  occasioning  noxious  exhalations,  or  noisome  or  offensive 
smells,  becomes  injurious  to  the  health,  comfort,  or  property  of^  indi- 
viduals, or  the  public,  or  causes  or  suffers  any  offal,  filth,  or  noisome 
substance,  to  be  collected,  or  to  remain  in  any  place,  to  the  damage  or 
prejudice  of  others,  or  the  public,  or  obstructs  or  impedes,  without  legal 
authority,  the  passage  of  any  navigable  river,  harbor,  or  collection  of 
water,  or  corrupts  or  renders  unwholesome  or  impure,  any  water-course, 
stream,  or  water,  or  unlawfully  diverts  any  such  water-course  from  its 
natural  course  or  state,  to  the  injury  or  prejudice  of  others,  or  obstructs 
or  incumbers,  by  fences,  buildings,  structures,  or  otherwise,  any  public 
ground,  or  highway,  or  any  street  or  alley  of  any  municipal  corporation, 
shall  be  fined  not  more  than  five  hundred  dollars. 


272 


LAW'S    RELATING   TO   AGRICULTURE. 


Sec.  6922.  [Creating  artificial  ponds,  and  stagnant  waters.] 
Whoever  builds,  erects,  continues,  or  keeps  up,  any  dam  or  other  ob- 
struction, in  any  river  or^stream  of  water,  and  thereby  raises  an  artificial 
pond,  or  produces  stagnant  water,  which  is  manifestly  injurious  to  the 
public  health  and  safety,  shall  be  fined  not  more  than  five  hundred  dollars. 

Sec.  6923.  [Unlawful  deposit  of  dead  animals,  offal,  etc.,  into  or 
upon  land  or  water.]  Whoever  puts  the  carcass  of  any  dead  animal, 
or  the  offal  from  any  slaughter-house,  or  butcher's  establishment,  packing- 
house, or  fish-house,  or  any  spoiled  meat,  or  spoiled  fish,  or  any  putrid 
substance,  or  the  contents  of  any  privy  vaults,  upon  or  into  any  lake, 
river,  bay,  creek,  pond,  canal,  road,  street,  alley,  lot,  field,  meadow, 
public  ground,  market  space  or  common,  and  whoever  being  the  owner  or 
occupant  of  any  such  place,  knowingly  permits  any  such  thing  to  remain 
therein,  to  the  annoyance  of  any  of  the  citizens  of  this  state,  neglects 
or  refuses  to  remove  or  abate  the  nuisance  occasioned  thereby,  within 
twenty-four  hours  after  knowledge  of  the  existence  of  such  nuisance 
upon  any  of  the  above  described  premises,  owned  or  occupied  by  him,  or 
after  notice  thereof  in  writing,  from  any  supervisor,  constable,  trustee, 
or  health  officer  of  any  municipal  corporation  or  township  in  which  such 
nuisance  exists,  or  from  a  county  commissioner  of  such  county,  shall 
be  fined  not  more  than  fifty  dollars  nor  less  than  ten  dollars,  and  pay 
the  cost  of  prosecution,  and  in  default  of  the  payment  of  said  fine  and 
costs,  be  imprisoned  not  more  than  thirty  days,  but  the  provisions  here- 
inbefore made  shall  not  prohibit  the  depositing  the  contents  of  privy 
vaults  and  catch-basins  into  trenches  or  pits  not  less  than  three  ( 3 )  feet 
deep,  excavated  in  any  lot,  field  or  meadow,  the  owner  thereof  consenting, 
outside  the  limits  of  any  municipal  corporation,  and  not  less  than  thirty 
rods  distant  from  any  dwelling,  well  or  spring  of  water,  lake,  bay  or 
pond,  canal,  run,  creek,  brook  or  stream  of  water,  public  road  or  high- 
way; provided,  that  said  contents  deposited  in  said  trenches  or  pits  are 
immediately  thereafter  covered  with  dry  earth  to  the  depth  of  at  least 
twelve  inches ;  nor  shall  said  provisions  prohibit  the  depositing  of  said 
contents  into  furrows  situate  and  distinct,  as  specified  for  said  trenches 
or  pits ;  provided,  the  same  are  immediately  thereafter  wholly  covered 
with  dry  earth  by  plowing  or  otherwise ;  and  provided,  also,  that  the 
owner  or  occupant  of  the  land  in  wrhich  said  furrows  are  plowed  con- 
sents, and  is  a  party  thereto;  provided,  also,  that  the  board  of  health 
of  any  municipal  corporation  may  allow  said  contents  to  be  deposited 
within  corporate  limits  into  trenches  or  pits  or  furrows,  situate,  distant 
and  to  be  covered  as  aforesaid. 

Sec.  6923a.  [Bodies  of  animals  dying  from  contagious  diseases 
must  be  burned  or  buried.]  The  bodies  of  all  animals  dying  from 
contagious  diseases  shall  be  burned,  or  buried  at  least  four  feet  below 
the  surface  of  the  ground  by  the  owner  thereof.  Any  owner  permitting 
such  dead  animals  to  remain  unburned.  or  unburied,  or  neglecting,  or 
refusing  to  comply  with  the  provisions  of  this  section  within  twenty-four 
hours  after  having  knowledge  of  the  existence  of  such  dead  animals,  or 
after  notice  thereof,  in  writing  from  the  trustees  of  the  township  in  which 
such  dead  animals  may  be  found,  it  shall  be  the  duty  of  said  trustees 
to  proceed  to  dispose  of  such  dead  animals  as  provided  in  this  section, 
and  such  owner,  so  neglecting  or  refusing  shall  be  fined  in  any  sum  not 
less  than  five  dollars,  nor  more  than  twenty  dollars,  together  with  the 
cost  of  suit,  and  all  necessary  expenses  incurred  by  said  trustees  in  dis- 
posing of  such  animals.     Action  to  recover  fines,  costs,  and  expenses  as 


LAWS   RELATING   TO   AGRICULTURE.  273 

herein  provided  shall  be  brought  upon  complaint  of  said  trustees  before 
any  justice  of  (He  peace,  in  the  township  in  which  such  owner  resides. 
Provided,  that  the  dead  bodies  of  such  animals  may  be  removed  to  a 
fertilizing  establishment,  if  removed  in  a  water-tight  tank. 


SELLING   UNWHOLESOME    PROVISIONS. 

Sec.  6928.  [Selling  unwholesome  provisions.]  Whoever  sells, 
or  offers  for  sale,  or  has  in  his  possession  with  a  view  to  sell  any  kind  of 
diseased,  corrupted,  adulterated,  or  unwholesome  provisions,  whether  for 
meat  or  drink,  without  making  the  condition  of  the  same  known  to  the 
buyer,  and  whoever  kills  for  the  purpose  of  sale,  any  calf  less  than  four 
weeks  old,  or  sells,  or  has  in  possession  with  intent  to  sell,  the  meat  of 
any  calf  which  he  knows  to  have  been  killed  when  less  than  four  weeks 
old,  shall  be  fined  not  more  than  fifty  dollars,  or  imprisoned  twenty 
days,  or  both. 

Sec  6928-1.     [Feeding  unwholesome  offal  or  flesh  to  swine,  etc.] 

Whoever  feeds  to  swine,  or  animals  of  any  kind  used  for  human  food 
the  flesh  of  any  old  horse,  or  the  flesh  of  any  animal  which  has 
become  old,  decrepit,  infirm  or  sick,  or  of  one  that  has  died  from  such 
cause,  or  any  offal  or  flesh  that  is  putrid  or  unwholesome,  shall  be  fined 
not  more  than  two  hundred  dollars  nor  less  than  fifty,  or  imprisoned 
for  the  first  offense  not  more  than  thirty  days,  or  both,  and  for  a  second 
offense  not  more  than  six  months,  or  both. 

Sec.  6946.  [Prohibiting  sale  of  intoxicating  liquors  and  keep- 
ing of  houses  of  ill-fame  at  certain  places;  abatement  as  nuisance.] 
Whoever  sells  intoxicating  liquors  or  keeps  a  house  of  ill-fame  at  or 
within  twelve  hundred  yards  of  the  administration  or  main  central 
building  of  the  Columbus  state  hospital,  Dayton  state  hospital,  Athens 
state  hospital,  Toledo  state  hospital,  soldiers'  and  sailors'  orphans'  home, 
or  any  other  orphans'  home  in  this  state,  except  in  cities  of  the  first  class, 
or  within  two  miles  of  the  boundary  line  of  the  boys'  industrial  school, 
south  of  Lancaster,  Fairfield  county,  or  within  two  miles  of  the  place 
where  any  agricultural  fair  is  being  held,  or  within  one  mile  of  any  county 
children's  home  of  any  county  of  the  state,  situated  within  one  mile  of 
any  incorporated  village  or  city  in  which  the  sale  of  intoxicating  liquors 
is  prohibited  by  an  ordinance  of  such  village  or  city,  made  in  pursuance 
of  the  act  entitled  "An  act  providing  against  the  evils  resulting  from 
the  traffic  in  intoxicating  liquors,"  passed  March  11,  1897,  shall  be 
fined  not  more  than  one  hundred  nor  less  than  twenty-five  dollars,  or 
imprisoned  not  more  than  thirty  days,  or  both,  and  on  conviction  of  the 
owner  or  keeper  thereof  the  place  wherein  such  liquors  are  solely  shall, 
by  order  of  the  court,  be  shut  up  and  abated  as  a  nuisance,  but 
nothing  in  this  section  shall  be  so  construed  as  to  prevent  a  regu- 
lar dealer  in  intoxicating  liquors  from  doing  business  and  selling  the 
same,  at  his  usual  place  of  business  within  two  miles  of  the  place  where 
any  agricultural  fair  is  being  held. 


CRUELTY  TO  ANIMALS. 

Sec  6951.     [Cruelty    to    animals.]     Whoever   overdrives,    over- 
loads, tortures,  deprives  of  necessary  sustenance,  or  unnecessarily  or  cru- 
elly beats,  or  needlessly  mutilates  or  kills  any  animal,  or  impounds  or 
18    f.  H.  B. 


274  LAWS   RELATING   TO   AGRICULTURE. 

confines  any  animal  in  any  place  and  fails  to  supply  the  same  during 
such  confinement  with  a  sufficient  quantity  of  good,  wholesome  food  and 
water,  or  carries  in  or  upon  any  vehicle,  or  otherwise,  any  animal  in 
a  cruel  or  inhuman  manner,  or  who  keeps  cows  or  other  animals  in  any 
inclosure  without  wholesome  exercise  and  change  of  air,  or  feeds  cows 
on  food  that  produces  impure  or  unwholesome  milk,  or  abandons  to  die  any 
old,  maimed,  sick,  infirm  or  diseased  animal,  or  works  the  same,  or,  being 
a  person  or  corporation  engaged  in  transporting  live  stock,  detains  such 
stock  in  railroad  cars,  or  in  compartments  for  a  longer  continuous  period 
than  twenty-four  hours  after  the  same  are  so  placed,  either  within  or 
beyond  this  state,  without  supplying  the  same  with  necessary  food, 
water  and  attention,  or  permits  such  stock  to  be  so  crowded  together 
as  to  overlie,  crush,  wound  or  kill  each  other,  shall  be  fined  not  more 
than  two  hundred  nor  less  than  five  dollars,  or  imprisoned  not  more  than 
sixty  days,  or  both. 

[Dehorning  of  cattle.]  Provided,  that  nothing  herein  contained 
shall  be  construed  to  prevent  the  dehorning  of  cattle. 

[Disposition  of  fines  collected.]  And  that  all  fines  collected  for 
violations  of  this  section  shall  be  paid  to  the  society  or  association  for 
the  prevention  of  cruelty  to  animals,  if  any  such  society  or  association 
is  organized  in  such  county,  township,  village  or  city  where  such  viola- 
tion occurred. 

(6951-1)  [Docking  tail  of  horse;  penalty.]  Whoever,  being  the 
owner  or  having  the  custody,  control  or  possession  of  any  horse,  mare, 
gelding,  foal  or  filly,  or  who  shall  be  an  agent  or  employe  of  any  such 
owner  or  person,  having  the  custody,  control  or  possession  of  any  horse, 
mare,  gelding,  foal  or  filly,  shall  cut  off  or  cause  to  be  cut  off  or  amputated 
the  skin,  flesh,  muscles,  bone  and  integuments  of  the  dock  or  tail  of  any 
such  horse,  mare,  gelding,  foal  or  filly,  in  order  to  shorten  the  natural 
length  or  proportions  of  such  dock  or  tail,  or  shall  pull  out  or  cause  to 
be  pulled  out  the  hairs  of  the  foretop,  mane  or  withers  of  any  such 
horse,  mare,  gelding,  foal  or  filly,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined,  for  the  first  offense 
not  less  trkn  twenty-five  dollars  nor  more  than  two  hundred  dollars, 
or  be  imprisoned  in  the  county  jail  or  workhouse  not  exceeding  six 
months,  or  both,  at  the  discretion  of  the  court ;  and  for  any  subsequent 
offense  under  this  act,  such  person  on  conviction,  shall  be  punished  by  a 
fine  not  exceeding  the  sum  of  five  hundred  dollars,  and  by  imprisonment 
in  the  county  jail  or  workhouse  for  the  period  of  one  year. 

[Lawful  docking.]  Provided,  that  in  case  it  shall  be  necessary 
in  oase  of  any  accident,  malformation  or  disease,  which  may  affect  the 
dock  or.  tail  of  any  horse,  mare,  gelding,  foal  or  filly,  to  cut  or  amputate 
the  same,  such  cutting  or  amputation  shall  be  deemed  lawful. 

Sec.  6952.  [Dog-fighting,  cock-fighting,  etcc;  who  deemed  aid- 
ers and  abettors.]  Whoever  engages  in  or  is  employed  at  cock-fight- 
ing, dog-fighting,  bear-baiting,  pitting  one  animal  against  another  of 
the  same  or  of  a  different  kind,  or  any  simitar  cruelty  to  animals,  or 
receives  money  for  the  admission  of  any  person  to  any  place  kept  for 
any  such  purpose,  or  uses,  trains,  or  possesses  a  dog  or  other  -animal  for 
the  purpose  of  seizing,  detaining,  or  maltreating,  any  domestic  animal, 
shall  be  fined  not  more  than  one  hundred  and  fifty  nor  less  than  five 


LAWS   RELATING   TO   AGRICULTURE.  275 

dollars,  or  imprisoned  not  more  than  thirty  nor  less  than  ten  days ;  and 
[any]  one  who  knowingly  purchases  a  ticket  of  admission  to  any 'place 
mentioned  in  this  section,  or  is  present  thereat,  or  witnesses  such  spec- 
tacle, shall  be  deemed  an  aider  and  abettor. 

Sec.  6958.  [Depositing  poison  in  thoroughfares.]  Whoever 
leaves  or  deposits  any  poison,  or  any  substance  containing  poison,  in  any 
common,  street,  alley,  lane,  or  thoroughfare  of  any  kind,  or  any  yard 
or  inclosure  other  than  the  yard  or  inclosure  occupied  by  such  person, 
shall  be  fined  not  more  than  fifty  nor  less  than  five  dollars,  or  imprisoned 
not  more  than  thirty  nor  less  than  five  days,  or  both,  and  shall  be  liable 
to  the  person  injured  for  all  damages  sustained  thereby. 


BIRDS    AND    GAME. 


Sec.  6960.  [Catching,  killing,  injuring,  pursuing  or  destroying 
eggs  or  nests  of  certain  birds ;  penalty.]  No  person  shall,  at  any  time, 
kill  or  injure,  or  pursue  with  such  intent,  any  sparrow,  nuthatch,  warb- 
ler, flicker,  viroe,  wren,  robin,  catbird,  tanager,  bobolink,  blue  jay,  oriole, 
grosbeak  or  redbird,  creeper,  redstart,  waxwing,  woodpecker,  humming 
bird,  bunting,  sta*  ling,  redwing,  purple  martin,  brown  thrasher,  American 
goldfinch,  chewink  cr  ground  robin,  pewee  or  phoebe  bird,  chickadee, 
fly  catcher,  gnat  catcher,  mouse  hawk,  whippoorwill,  snowbird,  titmouse 
or  eagle.  No  person  shall,  at  any  time,  destroy  the  eggs  or  nest  of  any 
of  the  birds  named  in  this  section.  Any  person  violating  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof,  shall  be  fined  as  provided  in  section  6968; 

[House-sparrow  and  American  robin.]  Provided  further,  that 
nothing  in  this  act  shall  prohibit  the  killing  of  the  house  or  English 
sparrow  at  any  time,  by  anybody,  or  prohibit  the  killing  of  the  American 
robin  and  blue  jay,  by  the  owner  or  tenant  of  any  premises  where  such 
birds  are  found  destroying  berries  or  fruit  growing  on  such  premises. 

Sec.  6960*7.  [Permits  to  take  birds,  nests  and  eggs  for  scientific 
purposes;  now  obtained;  fee.]  The  provisions  in  section  6960  of  this 
act  shall  not  apply  to  any  person  holding  a  permit  giving  the  right  to 
take  birds  or  their  nests  and  eggs  for  scientific  purposes,  as  herein  pro- 
vided. Permits  may  be  granted  by  the  president  of  the  fish  and  game* 
commission  to  any  properly  accredited  person,  permitting  the  holder 
thereaf  to  collect  birds,  their  nests-  and  eggs  for  strictly  scientific  pur- 
poses. In  order  to  obtain  such  permit  the  applicant  for  the  same  must 
present  to  said  president  of  the  fish  and  game  commission  written  testi- 
monials fr©m  two  well-known  scientific  men  or  teachers  of  science,  certi- 
fyingj  to  the  good  character  and  fitness  of  said  applicant  to  be  entrusted 
with  sueh  privilege,  and  pay  to  said  president  one  dollar  to  defray  the 
necessary  expense  attending  the  granting  of  such  permit,  and  must 
file  with  said  president  a  properly  executed  bond  in  the  sum  of  one  hun- 
dred dollars,  signed  by  at  least  two  responsible  citizens  of  the  state  as 
sureties.  The  bond  shall  be  forfeited  to  the  state  and  the  permit  be- 
come void  upon  proof  that  the  holder  of  such  permit  has  killed  any  bird 
or  taken  the  nests  or  eggs  of  any  bird  for  any  other  than  that  named 
in  this  section,  and  shall  further  be  subject  for  each  offense  to  the 
penalties  provided  in  this  act. 


276  LAWS    RELATING   TO    AGRICULTURE. 

[Permit  in  force  but  two  years;  non-transferable.]  The  permits 
authorized  by  this  act  shall  be  in  force  for  two  years  from  the  elate  of 
their  issue  and  shall  not  be  transferable. 

Sec.  6961.  [Catching,  killing,  injuring  or  pursuing  game,  de- 
stroying eggs  or  nests,  hunting,  shooting,  trapping,  etc.]  No  person 
sliall,  on  any  place,  catch,  kill  or  injure,  or  pursue  with  such  intent,  any 
Tiail,  except  between  the  tenth  day  of  November  and  the  first  day  of 
December,  inclusive;  or  any  woodcock,  squirrel  or  rabbit,  except  be- 
tween the  tenth  day  of  November  and  the  first  day  of  December,  in- 
clusive; or  any  ruffed  grouse,  or  pheasant  or  prairie  chicken,  except 
between  the  tenth  day  of  November  and  the  first  day  of  December,  in- 
clusive; or  any  rail,  snipe,  kildeer  or  plover,  except  between  the  tenth 
day  of  November  an*d  tLe  first  day  of  December,  inclusive;  or  any  coot 
or  mud  hen,  or  wild  duck,  except  between  the  tenth  day  of  November 
and  the  first  day  of  December,  inclusive,  and  the  tenth  day  of  March 
and  tenth  day  of  April,  inclusive.  No  person  shall,  at  any  time,  catch, 
kill  or  injure,  or  pursue,  with  such  intent,  any  wild  duck  or  wild  goose, 
by  the  aid  or  use  of  any  swivel  or  punt  gun,  or  any  other  gun  but  a 
common  shoulder  gun ;  or  with  the  aid  of  or  from  any  sink  boat  or  bat- 
tery, or  by  the  use  or  aid  of  any  steamboat,  naptha  launch,  electric  launch, 
sailboat,  steam  launch  or  any  kind  of  boat  whatsoever,  except  a  common 
rowboat  propelled  by  oars.  No  person  shall,  at  any  time,  catch,  kill  or 
injure,  or  pursue  with  such  intent,  any  of  the  birds,  game  or  animals 
mentioned  in  this  act,  with  or  by  the  use  of  any  trap,  net  or  snare,  or 
destroy  any  of  the  eggs  or  nests  of  any  of  the  birds  named  in  this 
section.  No  person  shall  kill  any  wild  duck  on  Sunday  or  Monday  of 
any  week,  or  on  any  of  the  reservoirs  belonging  to  the  State  of  Ohio, 
or  upon  the  waters  of  Lake  Erie  and  the  estuaries  and  bays  thereof,  or 
on  the  rivers,  creeks,  ponds,  or  other  waters  or  bodies  of  water  in  this 
state.  No  person  shall  hunt,  shoot  or  trap  or  have  in  possession  in  the 
open  air  for  such  purpose,  any  of  the  implements  for  the  hunting,  shoot- 
ing or  trapping  of  the  same,  on  the  first  day  of  the  week,  commonly  called 
Sunday.  No  person  shall  shoot  at  or  kill  any  wild  duck  before  five 
o'clock  in  the  forenoon,  or  after  six  o'clock  in  the  afternoon  of  any  day 
upon  which  it  shall  be  lawful  to  kill  the  same.  Any  person  violating 
any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  as  provided  in  section  6968. 

[Injurious  squirrel  or  rabbit.]  Provided,  that  nothing  herein 
shall  be  construed  so  as  to  prohibit  the  killing  of  squirrels  or  rabbits 
by  the  owner  or  tenant  of  any  premises  where  such  animals  may  be 
found  injuring  grain,  fruit  trees,  shrubbery  or  vegetables. 

Sec.  6962.  [Discharging  fire-arms  on  lawns,  etc.]  Whoever 
discharges  any  fire-arms  on  any  lawn,  park,  pleasure-ground,  orchard,  or 
any  other  ground  directly  appurtenant  to,  or  within  gunshot  of,  any 
occupied  dwelling-house,  the  property  of  another,  or  any  charitable  in- 
stitution, shall  be  fined  not  more  than  twenty  nor  less  than  five  dollars, 
or  imprisoned  not  more  than  thirty  days,  or  both. 

Sec.  6963.  [Killing  of  wild  deer  and  pheasants  in  certain  seas- 
ons; penalty.]  No  person  shall  catch,  kill  or  injure,  or  pursue  with 
such  intent,  any  wild  deer,  Mongolian,  English  or  ring-neck  pheasant, 
before  the  10th  day  of  November,  1900;  or  after  said  date,  except  be- 
tween the  10th  day  of  November  and  the  15th  day  of  December,  in- 
clusive.    Provided,  that  nothing  herein  shall  prevent  persons  from  hav- 


LAWS'  RELATING  TO  AGRICULTURE.  277 

ing  in  possession  Mongolian,  English  or  ring-neck  pheasants,  or  deer 
in  private  enclosure  for  the  purpose  of  domestication  or  propogation. 
And  any  person  violating  any  of  the  provisions  of  this  act,  shall  be 
guilty  of  a  misdemeanor,  and,  on  conviction  shall  be  fined  as  provided 
in  section  6968. 

(6963-1)  Sec.  1.  [Unlawful  killing  or  transportation  of  quail, 
etc.;  evidence.]  No  person  shall  at  any  time  kill  any  quail,  ruffed 
grouse  or  pheasant,  or  any  Mongolian,  English,  or  any  ring-neck  pheas- 
ant, for  the  purpose  of  conveying  the  same  beyond  the  limits  of  this 
state,  nor  for  the  purpose  of  sale  in  the  markets  of  this  state,  or  shall 
transport,  or  have  in  possession  with  intent  to  procure  the  transporta- 
tion beyond  said  limits,  any  of  such  birds  killed  within  this  state.  The 
reception  by  any  person  within  this  state  of  any  such  birds  for  shipment 
to  a  point  without  the  state,  shall  be  prima  facie  evidence  that  said  birds 
were  killed  within  the  state  for  the  purpose  of  carrying  the  same  be- 
yond its  limits. 

Sec.  2.  [Penalty  for  violation.]  Any  person  violating  any  of 
the  provisions  of  the  preceding  section,  shall  be  fined  as  provided  in  sec- 
tion sixty-nine  hundred  and  sixty-eight. 

Sec  6964.  [Purchase,  sale,  exposure,  or  possession  of  certain 
birds  or  game.]  Whoever  has  in  his  possession,  any  quail  or  wild 
turkey,  except  between  the  tenth  day  of  November  and  the  fifteenth  day 
of  December,  inclusive ;  or  any  woodcock  or  squirrel,  except  between  the 
fourth  day  of  July  and  the  fifteenth  day  of  December,  inclusive ;  or  any 
ruffed  grouse,  or  pheasant,  or  prairie  chicken,  except  between  the  first 
day  of  September  and  the  fifteenth  day  of  December,  inclusive;  or 
whoever  purchases,  sells  or  exposes  for  sale,  or  has  in  his  possession, 
any  dove,  except  between  the  fourth  day  of  July  and  the  fifteenth  day 
of  December,  inclusive ;  or  any  snipe,  rail,  kildeer  or  plover,  except 
between  the  first  day  of  September  and  the  fifteenth  day  of  May,  in- 
clusive; or  any  coot  or  mud  hen,  or  wild  duck,  except  between  the  first 
day  of  September  and  the  fifteenth  day  of  April,  inclusive ;  or  any  Mon- 
golian pheasant,  English  or  ring-neck  pheasant,  before  the  tenth  day  of 
November,  1903,  or  after  that  date,  except  between  the  tenth  day  of 
November  and  the  fifteenth  day  of  December,  inclusive;  or  any  of  the 
song  or  insectivorous  birds  mentioned  in  section  6960; 

[Killing,  selling  or  transportation  of  game.]  Or  whoever  shall 
at  any  time,  catch  or  kill,  any  quail,  wild  turkey,  ruffed  grouse  or  pheas- 
ant, prairie  chicken,  woodcock,  squirrel,  Mongolian  pheasant,  or  English 
or  ring-neck  pheasant,  for  the  purpose  of  conveying  the  same  beyond 
the  limits  of  this  state,  or  for  sale  in  the  markets  of  this  state,  or  shall 
transport  or  have  in  possession  with  intent  to  procure  the  transporta- 
tion beyond  the  limits  of  this  state,  or  for  sale  in  the  markets  of  this 
state,  any  quail,  wild  turkey,  ruffed  grouse  or  pheasant,  prairie  chicken, 
woodcock,  squirrel,  Mongolian  pheasant,  or  English  or  ring-neck  pheas- 
ant, killed  within  this  state,  shall  be  fined  as  provided  in  section  6968. 
And  in  addition  thereto,  shall  be  liable  to  a  penalty  of  twenty-five  dol- 
lars for  each  bird  trapped  or  possessed  contrary  to  the  provisions  of 
this  act. 

[Evidence.]  The  reception  by  any  person  within  this  state  of 
any  such  birds,  game  or  animals,  for  shipment  to  a  point  without  the 
state,  shall  be  prima  facie  evidence  that  such  birds,  game  or  animals, 


278  LAWS   RELATING   TO   AGRICULTURE. 

were  killed  within  this  state  for  the  purpose  of  conveying  the  same 
beyond  its  limits ; 

[Common  carrier.]  Provided,  that* the  provisions  of  this  act 
shall  not  be  construed  as  applicable  to  any  common  carrier  into  whose 
possession  any  of  the  birds,  game  or  animals  herein  mentioned,  shall 
come  in  the  regular  course  of  their  business  for  transportation,  while 
they  are  in  transit  through  this  state  from  any  place  without  this  state, 
where  the  killing  of  such  birds,  game  or  animals  shall  be  lawful,  but 
nothing  in  the  provisions  of  this  act  shall  prevent  any  one  having  in 
his  possession  wild  deer  during  the  time  when  the  killing  thereof  is 
made  penal. 

[Authority  of  game  warden  or  deputy  to  open  shipments  of  birds 
or  game.]  Any  game  warden  or  deputy  game  warden  in  this  state 
shall  have  authority  and  right,  at  any  time,  to  open  packages,  boxes, 
crates  or  other  receptacles,  containing  the  birds,  game  or  animals  pro- 
hibited by  this  act  from  being  transported  without  the  limits  of  this 
state,  delivered  to  a  common  carrier  for  transportation  out  of  the  state, 
and  shall  take  and  confiscate  such  birds,  game  or  animals,  about  to  be 
transported  out  of  the  state,  and  deliver  them  to  some  hospital,  infirmary 
or  charitable  institution. 

Sec.  6965.  [Disturbing  pigeon-roosts,  etc. ;  sneak-boats.]  Who- 
ever kills,  maims,  or  discharges  any  fire-arms  at  any  wild  pigeon  while 
on  its  nesting  ground  or  at  its  roosting  place,  or  breaks  up,  or  in  any- 
way disturbs  any  pigeon-roost  or  nesting,  or  the  birds  therein,  or  dis- 
charges any  fire-arms  at  any  wild  pigeon  within  one-half  mile  of  any 
pigeon-roosting  or  nesting  place,  or  disturbs  or  destroys  any  pigeon  eggs 
or  nestlings,  or  from,  or  by  the  aid  of  any  sneak-boat,  battery  or  sink 
boat,  approaches  by  rowing,  paddling,  sailing,  floating  or  sneaking,  and 
fires  upon  any  wild  ducks,  or  other  water  fowls  sitting  upon  or  as  they 
rise  from  the  open  water  of  any  bay  or  estuary,  excepting  only  such 
water  fowl  as  have  been  previously  wounded,  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction,  be  punished  as  hereinafter  provided  in 
section  six  thousand  nine  hundred  and  sixty-eight. 

Sec.  6966.  [For  shooting  or  hunting  on  lands  of  another  with- 
out permission.]  Whoever,  without  having  first  received  written 
permission  from  the  owner,  his  agent,  or  the  person  having  the  control 
of  any  lands,  pond,  lake,  or  other  private  waters,  except  the  waters  claimed 
by  riparian  right  of  ownership  of  adjacent  lands,  hunts  upon  the  same 
or  thereon  hunts,  shoots,  or  shoots  at,  kills  or  pursues  with  the  intent  to  kill, 
or  capture  the  Virginia  patridge,  quail,  pheasant,  prairie  chicken,  ruffled 
[ruffed]  grouse,  blue  winged  teal,  mallard  duck,  wood  duck,  squirrel, 
rabbit,  wild  turkey,  robbins,  turtle  doves,  or  any  other  bird  or  wild  ani- 
mal, [fowl]  or  game  of  any  kind  or  destroys  the  eggs  or  nests  of  any 
such  bird  or  fowl,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  for  the  first  offense,  fined  not  less  than  five  or  [nor] 
more  than  fifteen  dollars,  and  stand  committed  until  such  fine  and  costs 
of  suit  are  paid ;  and  any  person  convicted  for  a  second  offense  under 
this  section  committed  within  a  year  from  time  of  first  offense,  shall  be 
fined  not  less  than  five  or  [nor]  more  than  fifteen  dollars,  and  stand 
committed  until  such  fine  and  costs  of  suit  are  paid. 

(6966-1)  [Jurisdiction  in  prosecutions;  trial.]  That  justices  of 
the  peace,  mayors  and  police  judges  shall  have  final  jurisdiction  in  all 


LAWS   RELATING  TO  AGRICULTURE.  279 

cases  arising  under  the  provisions  of  said  section  sixty-nine  hundred  and 
sixty-six  provided,  that  the  defendant  shall  be  entitled,  on  .demand, 
to  a  trial  by  jury.  If  such  prosecutions  be  before  a  justice  of  the  peace, 
and  a  trial  by  jury  be  not  waived,  the  said  justice  shall  issue  a  venire  to 
any  constable  of  the  county,  containing  the  names  of  sixteen  electors 
of  the  county,  to  serve  as  jurors  to  try  such  case,  and  make  due  return 
thereof.  Each  party  shall  be  entitled  to  two  peremptory  challenges,  and 
shall  be  subject  to  the  same  challenges  as  jurors  are  subject  to  in  crim- 
inal cases  in  the'court  of  common  pleas.  If  the  venire  of  sixteen  names 
be  exhausted  without  obtaining  the  required  number  to  fill  the  panel, 
the  justice  may  direct  the  constable  to  summon  any  of  the  bystanders 
to  act  as  jurors; 

[Costs.]  But  costs  shall  not  be  required  to  be  advanced  or  paid 
by  a  person  or  an  officer  authorized  or  required  by  statute  to  prosecute 
such  cases;  and  if  the  defendant  be  acquitted,  or  if  he  be  convicted,  and 
committed  to  jail  in  default  of  payment  of  fine  and  costs,  the  justice, 
mayor,  or  police  judge  before  whom  the  case  was  brought  shall  certify 
such  costs  to  the  county  auditor,  who  shall  examine,  and,  if  necessary, 
correct  the  amount  [account],  and  issue  his  warrant  to  the  county  treas- 
urer in  favor  of  the  respective  officers  to  whom  costs  are  due  for  the 
amount  due  to  each. 

(6966-2)  [Giving  to  justices,  mayors,  and  police  judges  final 
jurisdiction  in  certain  cases;  costs.  Justices  of  the  peace,  mayors, 
and  police  judges  shall  have  final  jurisdiction  in  all  cases  arising  under 
the  provisions  of  sections  sixty-nine  hundred  and  sixty,  sixty-nine  hun- 
dred and  sixty-one ,  sixty-nine  hundred  and  sixty-three,  sixty-nine  hun- 
dred and  sixty-four,  sixty-nine  hundred  and  sixty-Uve,  sixty-nine  hun- 
dred and  sixty-seven,  and  sixty-nine  hundred  and  sixty-eight  of  the  Re- 
vised Statutes ;  provided,  that  the  defendant  shall  be  entitled,  on  demand, 
to  trial  by"  jury.  If  such  prosecutions  be  before  a  justice  of  the  peace, 
and  a  trial  by  jury  be  not  waived,  the  said  justice  shall  issue  a  venire  to 
any  constable,  or  fish  and  game  warden,  of  the  county,  containing  the 
names  of  sixteen  electors  of  the  county,  to  serve  as  jurors  to  try  such 
case,  and  make  due  return  thereof.  Each  party  shall  be  entitled  to  two 
peremptory  challenges,  and  shall  be  subject  to  the  same  challenges  as 
jurors  are  subject  to  in  criminal  cases  in  the  court  of  common  pleas.  If 
the  venire  of  sixteen  names  be  exhausted  without  obtaining  the  required 
number  to  fill  the  panel,  the  justice  may  direct  the  constable,  or  fish  and 
game  warden,  as  the  case  may  be,  to  summon  any  of  the  bystanders  to  act 
as  jurors;  but  costs  shall  not  be  required  to  be  advanced  or  paid  by  a 
person  or  an  officer  authorized  or  required  by  statute  to  prosecute  such 
cases ;  and  if  the  defendant  be  acquitted,  or  if  he  be  convicted,  and  com- 
mitted to  jail  in  default  of  payment,  of  fine  and  costs,  the  justice,  mayor, 
or  police  judge,  before  whom  the  case  was  brought,  shall  certify  such  costs 
to  the  county  auditor,  who  shall  examine,  and,  if  necessary,  correct  the 
account,  and  issue  his  warrant  to  the  county  treasurer  in  favor  of  the 
respective  persons  to  whom  costs  are  due,  for  the  amount  due  to  each. 

Sec.  6967.  [Ferrets  not  to  be  used  to  catch  rabbits.]  Whoever, 
upon  the  premises  or  lands  of  another,  uses  or  employs,  or  attempts  to 
use  or  employ,  ferrets  for  the  purpose  of  catching  rabbits,  or  driving 
them  from  their  burrows  or  hiding-places  without  first  obtaining  verbal 
or  written  permission  from  the  owner  of  such  lands  or  premises,  or  from 
his  agent,  or  person  in  charge  thereof,  shall  be  fined  for  the  first  offiense. 


280  LAWS   RELATING   TO   AGRICULTURE. 

not  more  than  twenty  nor  less  than  five  dollars,  and  for  any  subsequent 
offense  not  more  than  one  hundred  nor  less  than  fifty  dollars. 

Sec.  7001.  [Penalty  for  vending  impure  seed.]  Whoever  know- 
ingly vends  any  grass  or  other  seed,  in  or  among  which  there  is  any 
seed  of  the  Canada  thistle,  white  or  yellow  daisy,  or  wild  carrot,  and  who- 
ever being  the  owner,  occupier,  or  possessor  of  any  land,  suffers  any 
Canada  thistle,  teasels  or  wild  carrot  to  grow  and  ripen  seed  thereon, 
or  on  the  highway  adjoining  the  same,  shall  be  fined  twenty  dollars. 

Duty  with  reference  to  the  destruction  of  Canada  thistles 'and  other  noxious 
weers,   see  §§  4732,  4732a,  4732fc. 

Sec.  7002.  [Unlawful  sale  of  commercial  fertilizer.]  Whoever 
sells,  exposes  for  sale,  or  offers  for  sale  any  commercial  fertilizer  with- 
out having  complied  with  the  provisions  of  sections  4446a,  44460,  and 
4446c,  of  the  Revised  Statutes,  shall  be  fined  in  any  sum  not  exceeding- 
two  hundred  dollars,  or  imprisoned  not  more  than  thirty  days,  or  both, 
and  said  fine  or  imprisonment,  or  both,  shall  not  be  a  bar  to  the  recovery 
of  the  civil  penalty  provided  for  by  sections-  4446^  and  4446^  of  the  Re- 
vised Statutes. 

On  the  subject  of  the  sale  of  commercial  fertilizers,  penalties,  etc.,  see 
§  4446a  et  seq. 

Sec.  7003.  [Importing  cattle  infected  with  Spanish  fever.] 
Whoever  except  common  carriers  not  the  owners  of  cattle  transported 
by  them,  brings  into  this  state  any  cattle  infected  with  the  disease  com- 
monly known  as  the  Terad  or  Spanish  fever,  or  cattle  liable  to  impart 
such  fever  to  other  cattle,  shall  be  fined  not  more  than  five  hundred  nor 
less  than  fifty  dollars. 

For  "an  act  to  prevent  the  introduction  of  Texas  fever  among  cattle"  (85  v. 
83) ,   see  §  (4211—19)   et  seq. 

Sec.  7006.  [Exhibitions  and  temporary  business  at  %fairs  pro- 
hibited.] Whoever  exhibits  or  shows  any  natural  or  artificial  curios- 
ity for  any  price  or  gain,  or  sets  up  to  let  or  use  for  profit  any  swing, 
revolving  swing,  flying  horses,  whirligigs  or  other  devicce,  or  whoever 
establishes  a  temporary  place  of  business  for  the  sale  of  any  article  what- 
soever, or  offers  for  sale  any  such  article  except  as  a  regular  established 
dealer  in  such  article  at  his  usual  place  of  business,  within  one-fourth  of 
a  mile  of  the  fair  ground  of  any  agricultural  society,  while  the  fair  of 
such  society  is  being  held  therein,  unless  he  has  obtained  the  written 
permission  of  the  board  of  such  society,  shall  be  fined  not  more  than 
one  hundred  dollars  nor  less  than  one  dollar. 


FRAUDS. 

(7069-3)     Sec.  1.     [Unlawful    sale    of   certain   kinds    of   wool.] 

Be  it  enacted  by  the  General  Assembly  of  the  state  of  Ohio,  That  it  shall 
be  unlawful  for  any  person  or  persons  to  sell  any  wool  washed  on  sheep's 
back  or  otherwise,  containing  any  unwashed  tag-locks,  or  any  unwashed 
wool  of  any  kind,  or  black  wool,  or  parts  of  buck's  fleeces,  or  other 
substances  foreign  to  the  fleece  or  fleeces,  which  is  calculated  and  in- 
tended to  defraud  the  purchaser  thereof. 

(7069-4)     Sec.  2.      [Penalty.]     Any  person  or  persons  guilty  of 
violating  the  provisions  of  section  one  of  this  act,  shall  be  fined  not  less 


LAWS   RELATING   TO   AGRICULTURE.  281 

than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  impris- 
oned not  less  than  thirty  days  nor  more  than  ninety  days,  or  both,  at 
the  discretion  of  the  court. 

(7069^5)  Sec.  1.  [Fraud  in  sale  of  grain,  seed,  etc.,  negotiation 
of  notes  obtained  by  such  fraud;  penalty..]  Be  it  enacted  by  the 
General  Assembly  of  the  State  of  Ohio,  That  whoever,  either  for  his 
own  benefit  or  as  the  agent  of  any  corporation,  company,  association  or 
person,  obtains  from  any  other  person  anything  of  value,  or  procures  the 
signature  of  any  such  person,  as  maker,  indorser,  guarantor  or  surety 
thereon,  to  any  bond,  bill,  receipt,  promissory  note,  draft,  check,  or  any 
other  evidence  of  indebtedness,  as  the  whole  or  part  consideration  of 
the  sale  or  transfer  to  such  other  person  of  any  grain,  seed  or  other 
cereals,  which  sale  or  transfer  is  at  a  fictitious  price  or  at  a  price  equal 
to  or  more  than  twice  the  market  price  of  such  grain,  seed  or  cereals, 
or  as  the  whole  or  part  consideration  for  any  bond,  contract  or  promise 
given  the  vendee  of  any  grain,  seed  or  cereals  binding  the  vendor  ci 
any  other  person,  corporation,  company,  association,  or  the  agent  thereof, 
to  sell  for  such  vendee  any  grain,  seed  or  cereals  at  a  ficticious  price,  oi 
at  a  price  equal  to  or  more  than  twice  the  market  price  of  such  grain, 
seed  or  cereals  ;  and  whoever  sells,  barters  or  disposes  of,  or  offers  to 
sell,  barter  or  dispose  of,  either  for  his  own  benefit  or  as  the  agent  of 
any  corporation,  company,  association  or  person,  any  bond,  bill,  receipt, 
promissory  note,  draft,  check,  or  other  evidence  of  indebtedness,  know- 
ing the  same  to  have  been  obtained  as  the  whole  or  part  consideration 
of  the  sale  or  transfer  to  the  maker,  indorser,  guarantor  or  surety  on 
any  such  bond,  bill,  receipt,  promissory  note,  draft,  check,  or  other 
evidence  of  indebtedness,  of  any  grain,  seed  or  cereals  which  have  been 
sold  or  transferred  to  su^h  maker,  indorser,  guarantor  or  surety  at  a 
ficticious  price  or  at  a  price  equal  to  or  more  than  double  the  market 
price  of  such  grain,  seed  or  cereals,  or  as  the  whole  or  part  considera- 
tion for  any  bond,  contract  or  promise  given  the  vendee  of  any  grain, 
seed  or  cereals  binding  the  vendor  or  any  other  person,  corporation, 
company,  association,  or  the  agent  thereof,  to  sell  for  such  vendee  any 
grain,  seed  or  cereals  at  a  ficticious  price,  or  at  a  price  equal  to  more 
than  twice  the  market  price  of  such  grain,  seed  or  cereals,  shall  be  im- 
prisoned in  the  penitentiary  not  more  than  three  years  nor  less  than 
one  year,  or  be  fined  in  the  sum  of  not  more  than  five  hundred  dollars 
nor  less  than  one  hundred  dollars,  or  both,  at  the  discretion  of  the  court. 

(7072-1)  [Labeling  of  binding  twine.]  Each  separate  ball  or 
parcel  of  binding  twine — being  that  commonly  employed  in  binding 
grain — exposed  to  sale  or  offered  for  .sale  in  this  state,  shall  have  at- 
tached thereto  a  tab  or  label,  on  which  shall  be  plainly  written  or  printed 
the  kind  of  material  of  which  the  string  is  composed  and  the  true  weight 
of  each  of  such  separate  balls  or  parcels  of  twine  and  any  dealer,  manu- 
facturing corporation,  company  or  their  agent  selling  or  offering  for 
sale  any  such  ball  or  parcel  of  twine  without  then  having  the  tab  or 
label  attached  thereto,  above  required,  shall  on  conviction  thereof  be 
fined  not  less  than  one  dollar  nor  more  than  twenty-five  dollars,  and  shall 
stand  committed  until  the  fine  and  costs  are  paid. 

(7270-3)  Sec  2.  [Labeling  of  "soaked"  goods  and  cans  of  ma- 
ple molasses.]  That  all  soaked  goods,  or  goods  put  up  from  products 
dried  before  canning,  shall  be  plainly  marked  by  an  adhesive  label, 
having  on  its  face  the  word  "soaked,"  in  letters  not  less  in  size  than 


282  LAWS   RELATING  TO   AGRICULTURE. 

two-line  pica,  of  solid  and  legible  type;  and  all  cans,  jugs,  or  other 
packages,  containing  maple*  syrup  or  molasses,  shall  be  plainly  marked 
by  an  adhesive  label,  having  on  its  face  the  name  and  address  of  the 
person,  firm  or  corporation  who  made  or  prepared  the  same,  together 
with  the  name  and  quality  of  the  goods,  in  letters  of  the  size  provided 
in  this  section. 

(7076-1)  Sec.  1.  [Unlawful  obtaining  of  registry  or  transfer 
in  any  herd  book;  penalty.]  Every  person,  who  by  any  false  pretense 
shall  obtain  from  any  club,  association,  society,  or  company  for  im- 
proving the  breed  of  Jersey  cattle  a  certificate  of  registration  of  any 
animal  in  the  herd  register  or  other  register  of  any  such  club,  associa- 
tion, society,  or  company,  cr  a  transfer  of  any  such  registration,  and 
every  person  who  shall  knowingly  give  a  false  pedigree  of  any  Jersey 
animal,  upon  conviction  thereof,  shall  be  punished  by  imprisonment  in 
a  jail  for  a  term  not  exceeding  six  months,  or  by  a  fine  not  exceeding 
five  hundred  dollars,  or  by  both  such  fine  and  imprisonment. 

(7076-2)  Sec.  2.  [Venue.]  The  crime  shall  be  deemed  com- 
pleted and  every  such  person  shall  be  prosecuted  either  in  the  county 
in  which  such  certificate  of  registration  or  transfer  has  been  obtained 
or  in  the  county  where  such  false  pretense  has  been  made. 

(7076-3)  Sec.  3.  [False  pedigree  or  certificate  of  sale  of  stock; 
penalty.]  Any  person  who  shall  knowingly  and  wilfully  furnish  or 
[to]  give  a  purchaser  of  any  animal  any  false  pedigree  or  any  false  certi- 
ficate of  sale  of  such  animal,  and  every  person  who  shall  knowingly  and 
wilfully  use  for  the  purpose  of  deceiving,  any  false  pedigree  or  false 
certificate  of  sale  of  any  animal,  whether  such  false  pedigree  or  false 
certificate  of  sale  was  furnished,  given  or  procured  in  this- state  or  else- 
where, shall  upon  conviction  thereof,  be  punished  by  fine  in  any  sum 
not  less  than  twenty-five  nor  more  than  five  hundred  dollars  or  b* 
imprisoned  in  the  county  jail  for  a  term  not  exceeding  six  months,  or 
both  fine  and  imprisonment  in  the  discretion  of  the  court. 

Misrepresenting  pedigree  of  stallion,    §    (3213 — 1). 


INDEX. 


AGRICULTURAL  EXPERIMENT  STATION. 


Agricultural    Experiment    Station 

Agricultural  Experiment  Station  Appointed;  Board  of  Con- 
trol; Governor  Ex-OMcio  Member  of  the  Board 

When  Board  to  be  Called  Together,  and  How  to  be  Organ- 
ized    

Annual  Meeting  of  the  Board 

Board  of  Control  Required  to  Locate  Station,  Appoint  Di- 
rector,  and  Make  Rules  for  Government;  Board  of  Con- 
trol to  Make  Annual  Report  to  Governor 

Salary  of  the  Director  and  Expense  of  Members  of  Board  of 
Control 

For  Extermination  of  San  Jose  Scale,   etc 

Board  of  Control  to  Cause  to  be  Exterminated  Dangerous 
Insects  and  Plant  Diseases 

Examination  of  Orchards,   Gardens,  etc 

As  to   Plants  Shipped   Into  this   State 

Penalty  for  Violation  of  this  Act 

Annual   Report  of   Board  to   Governor 

Act  Does  not  Apply  to  Greenhouses 

Disposition   of   Moneys   Received 

Appropriation  for  Use  of  Board 

BICYCLES. 

SlDEPATHS — 

Board  of  Sidepath    Commissioners 

Power  to  Construct  and  Maintain  Sidepaths 

License   Upon    Bicycles 

License  Fees  to  be  Paid  to  County  Treasurer 

Disposition  of  Fees 

Penalty  for  Wrongful  Use  of  Path 

Obstructing,    Destroying,   etc.,   of  Path 

Speed   Upon    Path 

Sidepaths    Heretofore    Constructed    to   be    Placed    Under 

Control  of  Sidepath  Commissioners   

May  Remove  Tree  Limbs ,   etc 

Penalties 

Security  for  Appearance  in  Court 

Notice   

Wrongful  Taking  of  Bicycle,   etc.,  with  Intent  to  Injure 

Same 

Maliciously  Altering,  etc.,   Name  or  Number  of  Bicycle, 

etc 

Maliciously  Injuring  Part  of  Bicycle,    etc 

Unlawfully  Placing  Upon   Public  Way  Substance  Liable 

to  Injure  Pneumatic  Tire 

Disposition  of  Fines 

BRIDGES. 

Commissioners  Shall  Construct  and  Repair  Bridges,  Ex- 
cept ,    etc    

Approaches  to  Such  Bridges  Shall  be  Made  by  Commission- 
ers ,  Except ,   etc 

Commissioners  of  Two  or  More  Counties  M^y  Build  Bridges 

Near  County  Line,   etc 

(283) 


SECTION. 

(409-1) 


(409-3) 

(409-4) 


(409-5) 


PAGE. 

8 


(409-6) 

8 

(4446-7) 

78 

(4446^8) 

78 

(4446-9) 

79 

(4446-10) 

80 

(4446-11) 

81 

(4446-12) 

SI 

(4446-13) 

81 

(4446-14) 

81 

(4446-15) 

81 

4935-3 

253 

4935-4 

254 

4935-5 

254 

4935-6 

254 

4935-7 

255 

4935-8 

255 

4935-9 

255 

4935-10 

255 

4935-11 

255 

4935-12 

255 

4935-13 

255 

4935-14 

255 

4935-15 

256 

6854a 

266 

68546 

26« 

6854c 

266 

6854rf 

267 

0854* 

267 

8m 

11 

8C1 

12 

m 

12 

284 


INDEX. 


SECTION. 

Commissioners  Shall  Bring  Suit  in  Certain  Cases  for  Injuries 

to   Bridges ,    etc 863 

A   Bridge  to  Replace  one  Destroyed  May  be  Located   Else- 
where      864 

Authority  for  Straightening  Creeks   or   Watercourses 865 

Petition    Shall   be    First   Filed   Therefor,    and   What    it    Shall 

Contain  866 

Viewer  Shall  be  Appointed,  Who  Shall  Report :  867 

If  Report   Favorable   Work  Shall  be  Advertised  and   Let  to 

Lowest  Bidder,   etc 868 

Costs  and  Expenses  Shall  be  Paid  Out  of  Bridge  Fund 869 

County  Commissioners  to  Butfd  Bridges  Over  Canals 4936 

Swing  Bridges  May  be   Built  Over  Canals 4937 

Commissioners    Must    Build    Bridges    in    Certain    Cities    and 

Villages    4  98 

Joint  County  and   Railroad   Bridges 4939 

Construction    of    Approaches    to    County    Bridges;    Purchase 
of    Materials;    Appropriation    of    Materials;    Lighting    of 

Bridges;   Duty   of  Township  Trustees 4010 

They  May  Purchase  Toll  Bridge 4941 

Guard  Rails  on  County  Bridge;  Hedge  Fences (4941-1) 

How   Paid   for (4041-2) 

Penalty '  (4041-3) 

County  Commissioners  May  Purchase  Toll  Bridge 4941a 

Right  to.  Bridge   Forfeited 49416 

Bonds  May  Issue  Therefor 4042 

And  Levy  Tax  to  Pay  Same 4043 

Must  Put  Up  Caution  Notices 4044 

Arrest  of  Certain  Persons  on  View  Authorized 4946 

How  Prosecuted  41  >46 


12 

12 
13 

13 
13 

13 

13 

256 

256 

256 
5K7 


kS  i 

257 
257 
258 
258 

258 

259 
259 
269 

259 

25! » 


COMMERCIAL   FERTILIZERS. 

How  Package  Containing  Commercial  Fertilizer  to  be  Marked  4446a 

Person  Offering  Same  for  Sale  to  Deposit  Sample  with  Sec- 
retary  State    Board   of   Agriculture 

Manufacturer,   Importer,  or  Agent  to  Pay  License 

Analysis  to  be  Made  by  Secretary  State  Board  of  Agriculture. 

Secretary  to  Publish,  Annually,  Report  of  Analysis  Made 
and   Fees   Received    

Persons  Selling  Without  Complying  with  Foregoing  Pro- 
visions ,   How  Punished  

Where  Suits  to  Recover  Penalties  May  be  Brought 

Secretary  of  State  Board  of  Agriculture  May  Select  Samples 
to  be  Analyzed   

All  Suits  Under  this  Act  to  be  Brought  by  Secretary  State 
Board  of  Agriculture    

Fine  and  Imprisonment  for  Violation  of  Provisions  of  Fer- 
tilizer  Law 

COMMISSIONERS    OF   FISH   AND    GAME. 

Appointment;   Terms;    Removals 406  3 

Bond    and    Oath.... 4G6  3 

No  Compensation,  but  all  Expenses  to  be  Paid  Them -     4(M!  3 

Duties   m  3 

Appointment  of  Chief  Warden:  Special  Wardens,   etc too  3 

Duty  and  Power  of  Said  Wardens 409a  4 

Seizure  of  Instruments  Used  for  Unlawful  Catching  of  Birds, 

Fish  and  Game 4096  5 

Proceedings  for  Condemnation  and  Forfeiture  of  Said  In- 
struments     409c  5 

Final  Jurisdiction    409d  6 

Prima   Facie   Evidence  of  Guilt 409c  7 


44106 
4446c 

4440a* 

82 
82 
82 

4446c 

82 

4  HOf 
4440g 

82 
83 

4440A 

83 

4446/ 

83 

7(M»2 

280 

INDEX.  285 

Birds  and  Game—                                                           ^  section.  page. 

Catching  or   Killing   Birds,    Destroying   Eggs,    etc 6960  275 

Permits  to  Take  Birds,   etc.,    for  Scientific   Purposes 6960a  275 

Hunting,    Shooting,    Trapping,    etc 6961  276 

Discharging  Fire-arms  on  Lawns,   etc 6962  276 

Killing   Wild  Deer  and  Pheasants 6963  276 

Unlawful  Killing  or  Transportation  of  Quail,  etc (6963-1)  277 

Purchase,  Sale  or  Possession  of  Certain  Birds  or  Game..  6964  277 

Disturbing   Pigeon  Roosts,    etc.;   Sneak  Boats 6965  278 

Shooting    or    Hunting    on    Lands    of    Another    Without 

Permission    6966  278 

Jurisdiction    in    Prosecutions : (6966-1)  278 

Jurisdiction  in  Certain  Cases (6966-2)  279 

Ferrets  Not  to  Be  Used  to  Catch  Rabbits 6967  279 

COUNTY    AGRICULTURAL    SOCIETIES. 

Organization 3697  30 

For  What  Premiums  May  be  Offered '. 3828  30 

Must  Publish  a  List  of  Awards,  etc •          m.j\)  31 

County   Societies    Erected   Into   Corporations 3*00  31 

Conveyances  to  Such  Societies  Declared  Valid 3701  31 

Commissioners    May    Assist    Agricultural    Societies    in    Pur- 
chasing, etc.,   Sites  for  Fairs;  Levy  of  Tax 3702  31 

Submission  of  Question  of  Issuing  Bonds  to  Liquidate  Debt 

of   County   Agricultural    Society (3702-1)  31 

Bonds;    Levy (3702-2)  32 

Proceeds  Used  in  Liquidation  of  Debt (3702-3)  32 

Money   Raised  for   County  Agricultural   Societies  Applied  to 

Purposes  Intended  by  Act,  Though  Life  of  Act  Expired.  (3702^)  32 
Commissioners  in  Certain  Counties   May  Assist  Agricultural 
Societies  in  Purchasing,    Leasing  or  Improving  Site  for 

Fairs 3702a  33 

Commissioners  May  Levy  Tax  for  Encouragement  of  Agri- 
cultural Fairs   37026  33 

Payment  m  Anticipation  of  Levy 3702b  33 

County  Commissioners   May  Purchase  Fair  Grounds 3703  33 

The  Tax  Must  be  Submitted  to  the  Electors 3704  33 

When  Real  Estate  Vests  in  the  County •  BTG5  31 

Insurance  on   Fair  Ground   Property 3705a  31 

Societies  May  Sell  and  Purchase  Other  Sites 3706  35 

How  Conveyances  to  be  Executed 3707  35 

Society  Cannot  Incumber  Its  Grounds 3708  35 

CROP  AND  STOCK  SERVICE. 
Crop  and  Stock  Service   Established (409-35)  11 

CRUELTY  TO  ANIMALS,  ETC. 

''Ohio    Humane    Society";     Powers,    etc.,     Representatives; 

The  Object  of,   etc 

Other   Societies   Authorized 

How  Incorporated   

May  Elect  Officers  and  Make  Regulations 

Societies  to  Prevent  Cruelty  to  Animals  May  Appoint  Agents 

to   Enforce    Law 

In  Prosecutions  for  Adulteration  of  Food,   etc.;   For  Cruelty 

to  Animals ,  etc  • 

Magistrates  May  Authorize   Certain  Inspections 

Duties  of  Police  Officer;   Penalty. 

Police  Powers  of  Officers  and  Agents 

Interpretation  of  Certain   Words 

Member  May  Require  Police  Officer  to  Act 

A  Person  Guiltv  is  Liable  in  Damages 


3714 

39 

3715 

40 

3716 

40 

3717 

40 

3718 

40 

3718a 

41 

3719 

41 

3719a 

42 

3720 

42 

3721 

42 

3722 

42 

3723 

43 

:286  index. 

SECTION.  PAGE. 

Conviction  of  Agent  no  Bar  to  Action  Against  Principal....              3724  43 

Any  Person  May  Protect  an  Animal  from   Neglect 3725  43 

Animal   May  be   Ordered   Killed 3725a  43 

Removal  of   Child  from   Possession  of   Parent  by   Officer   of 

Humane  Society (3725-1)  43 

Order  of   Probate   Court   Making   General  Agent   of   Society 

Guardian   of  Child    (3725-2)  43 

Cruelty  to  Animals    6951  273 

Dehorning  of  Cattle 6951  274 

Disposition   of  Fines  Collected 6951  274 

Docking  Tail  of  Horse;  Penalty '. .  .  (6951-1)  274 

Lawful   Docking (6951-1)  274 

Dog-fighting,  Cock-fighting,   etc.;  Who  Deemed  Aiders  and 

Abettors   6952  274 

DISEASES. 

Transportation  of  Cholera-Infected  Hogs (4211-6)  59 

Liability  of  Violation (4211-7)  59 

Common  Carriers  or  Employes  not  Affected,   etc (4211-8)  59 

Board  of  Live  Stock  Commissioners (4211-9)  59 

Duty  as  to  Extirpating  Diseases (4211-1$)  66 

Bodies  of  Dead  Animals (4211-11)  60 

An  Act  to  Suppress  Dangerously  Contagious  Diseases  of  Ani- 
mals;  Expense  of  Quarantining  Such  Animals;   Duty  of 

Sheriffs   and    Constables (4211-12)  60 

Records  of  the  Board;  Their  Report;  Expenses;  Compen- 
sation .   etc   (4211-13)  61 

Proclamation  Prohibiting  Importation  of  Diseased  Live  Stock     (4211-15)  61 

Appraisement  and  Killing  of  Diseased  Animals (4211-16)  61 

Compensation   for   Animals   Destroyed (4211-17)  61 

Appropriation  to  Pay  Claims;  How  Made (4211-18)  62 

The  Driving  of  Cattfe  frocn  Certain  States  Forbidden  During 
Certain  Months;  Conveyance  by  Railway  Forbidden,  Ex- 
cept     (4211-19)  62 

Unloading  of  Certain   Cattle  in   Certain   Months   Forbidden, 

Except  (4211-20)  62 

Penalty (4211-21)  02 

Duty  of  Transportation  Companies;  Penalty  for  Violation  of 

Such  Duty  : (4211-22)  63 

Prosecutions  for  Offenses  Hereunder (4211-23)  63 

Penalty    for    Selling    or    Failing   to    Keep    Securely    Isolated 

Horses,    etc. ,   Affected  with   Glanders. (4211-24)  63 

Appraisal  and  Payment  of  Compensation  in  Case  of  De- 
struction of  Such  Animals  by  Orcrer  of  Live  Stock  Com- 
mission      (4211-25)  63 

Penalty  for   Suffering   Sheep  Affected  with   Scab  to    Run   at 

Large,  or  for  Selling  Same,  Knowing,  etc (4"J11-2j5)  63 

Duties  of  Carriers  and  Owners  of  Stock  Yards 4212  64 

Selling  Diseased  Animals,   Allowing  Same  to  Run  at  Large 

or  Come  in  Contact  with  Other  Animals , 6855  267 

Importing  Cattle  Infected  with  Spanish   Ferer 7003  280 

DOGS. 

Tax   on    Dogs 2833  22 

When  Dog  to  be  Considered  Property (4212-1)  64 

When  Dog  May  be  Killed  at  any  Time,  etc. ; (4212-2)  64 

Liability  to  Owner  of  Dog  for  Killing  or  Injury 4214  64 

Damages  for  Sheep  Killed  or  Injured  by  Dogs .  4215  65 

Allowance  by  County  Commissioners  of  Damages  for  Sheep 

Killed  by  Dogs 4M5a  66 

^  t-.  DRAINAGE. 

•County  Ditches  — 

Ditches    and   Watercourses^    Commissioners    May    Con- 
struct,   etc    4447  83 


INDEX.  287 

County  Ditches  —  Continued. 


SECTION.  PAGE. 

83 

84 
84 


Meaning  of  Word  "Ditch , "  etc 4443 

When  Ditch  Benefits  a  Road ......  4449 

Application  for  County   Ditch;    Bond .'  4450 

Montgomery  County  Commissioners  Authorized  to  Pro- 
tect Against   Dangerous   Waters (4450-1)  84 

Petition  What  to  Contain  and  Bond 4451  34 

Notice  of  Filing  of  Petition,   etc 4451a  84 

Hearings  by  Commissioners 4452  35 

When  Commissioners   Find  Against   Improvement......  4453  85 

Finding  for  Improvement:  Survey  and  Plat 4454  35 

Engineer    Must    Report    Assessment,    etc.,    of    Cost    of 

Dftches    4455  ofi 

What  the  Plat  Shall  Show '.'..'.'.'.'.'.'.'.'.'.'.'.  4456  ,  86 

Commissioners  May  Change  Apportionment 4459  86 

Apportionment  of  Assessment  by  Auditor,  etc 4459a  86 

Re-apportionment  by  County  Commissioners 44596  87 

Application  for  Compensation  and  Damages,    etc 4460  87 

Commissioners  to   Fix  Compensation  and   Damages 4461  87 

Exceptions  Before  Commissioners  in  Proceedings  to  Es- 
tablish County  Ditch 4462  88 

Who  May  Appeal  to  the  Probate  Court,  etc 4463  88 

Hearing  of  Preliminary  Questions 4464  89 

When  Jury  to  be  Drawn  and  Venire 4465  89 

How  Panel  to  be  Filled 4466  89 

How  Jury  to  be  Sworn 4467  90 

View  by  and  Trial  to  the  Jury 4468  90 

Form  of  Verdict 4469  90 

Transcript  to  be  Sent  to  County  Commissioners 4470  90 

Costs  Wlien  Jury  Find  for  Improvement 4472  90 

Costs  When  Probate  Court  Confirms  Assessment 4473  91 

Several  Appeals  to  be  Tried  Together 4474  91 

Wrhen  and  How  Commissioners  to  SelL  Out  Work 4475  91 

Sale  of  Work  When  Cost  is  Estimated  at  $500  or  More 

per  Mile   4475a  91 

Providing  for  Inspection  of  Drain  Tile (4475-1)  91 

Sale,  Bonds  of  Bidders,  etc 4476  92 

County  Ditches;  Supervision  of  Work,  Payment  of  Con- 
tractors     4477  92 

When   Contract   for   Ditch  not  Completed;    Proceedings 

in   Case  of  Damages 4478  92 

Commissioners  to  Make  Assessments  on  Benefited  Lands  4479  93 

Assessments  for  County  Ditches;  How  Collected,  etc 4480  93 

Assessments  When  County  Bonds  are  to  be  Issued 4481  94 

Form  of  Such   Bonds 4482  94 

A  Municipal  Corporation  May  Present  a  Petition 4483  94 

Whole   or    Part   of   Municipality   May   be    Considered   a 

Single  Tract    4484  94 

Notice  of  Municipal  Authorities  and  Proceedings  There- 
after     4485  94 

Penalties  Against  Officers  for  Neglect  of  Duty 4487  95 

Application  When  Ditch  in  More  than  One  County...'..  4488  95 

Joint  County  Ditches;  Apportionment  of  Cost 4488a  95 

When  Change  of  Route  is  Authorized 4489  96 

Collection  of  Taxes  or  Assessments  not  to  be  Enjoined.  ..  4490  96 

How  far  Proceedings  may  be  Declared  Void 4491  96 

An  Old  Ditch  may  be  Repaired  in  Same  Proceeding 4492  97 

When  Township  Trustees  may  Apply  for  Ditch 4493  97 

Commissioners  shall  require  Surveyor  or  Enganeer  to  give 

Bond  4494  97 

Commissioners  may  require  Bridge  or  Culvert  to  be  En- 
larged    4495  97 

Commissioners  may  Vacate  a  Ditch 4499  98 

When  Ditch  becomes  Public  Watercourse 4500  98 

General  Levy  for  Ditch  Fund.     Proceedings  when  Com- 
pensation ©r  Damages  Awarded,  etc 4501  99 

Duties  ©f  Commissioners  when  Awards  are  Made 4501a  99 

Bonds,  how  Paid '. 4501fr  99 


288  INDEX. 

County  Ditches  —  Concluded.  section.  page. 

Township  Levy  for  Ditch  Purposes.  . . .- 4502  99 

When  Board  of  Education  May  Levy  to  Pay  Assessment.  4503  100 

Auditor  to  Make  Record  of  Ditch  Proceedings 4504  100 

Auditor  to  keep  Ditch  Accounts 4505  100 

Fees  and  Costs 4506  100 

How  the  Same  to  he  Paid 4507  101 

County  Ditch  Improvement  Fund  Created 4508  101 

Penalties    for    Obstructing    Ditches ;     Duty    of    Commis- 
sioners      4509  101 

When  County  Commissioners  may  cause  Ditch,  etc.,  to  be 

Repaired ,   Expense ,  etc 4510  .  102 

Ditch  in  More  Than  One  County  — 

Duties  of  Commissioners  as  to  Certain  Ditches 4510-1  102 

Proceedings  on  Failure  to  Agree  or  Pay 4510-2  103 

Further  Proceedings  on  Failure  to  Agree  or  Pay (4510-3)  104 

Abandonment  by  Commissioners  of  Upper  County (4510-4)  104 

Compensation   of  Commission (4510-5)  104 

Expense ;    How  Apportioned (4510-6)  104 

Collection  by  Treasurer (4510-7)  105 

Outlet  may  be  Enlarged  When  Necessary (4510-8)  105 

Duty  of  Township  Trustees (4510-9)  105 

Cleaning  and  Repairing (4510-10)  105 

Cleaning,  Repairing  or  Enlarging  Joint  County  Ditch....  (4510-11)  105 

Underground  Drain  — 

Outlet  for  Underground  Drain (4510-12)  106 

Payment  of  Cost  According  to  Benefits (4510-13)  106 

Township  Trustees  to  Locate  Drain  When  Property  Own- 
ers Cannot  Agree (4510-14)  106 

Damage    to    Crops (4510-15)  107 

Ditches  Along  Public  Highways  Shall  be  kept  Open (4510-16)  107 

Sink-holes  may  be  Opened,  etc * (4510-18)  107 

Application  for ;    How  Made (4510-19)  107 

Commissioners   or   Trustees   to   Determine   Whether    Im- 
provement  Necessary    (4510-20)  107 

Proceedings  if  Finding  for  or  Against,   etc (4510-21)  108 

Auditor  or  Clerk  to  fix  Day  for  Hearing ;    Notice (4510-22)  108 

Public  or  Corporate  Road  to  be  Assessed  if  Benefited (4510-23)  109 

Meeting  for  Hearing ;    Proceedings (4510-24)  109 

Report  of  Engineer  May  be  Amended (4510-25)  109 

Assessments  According  to  Benefit (4510-26)  109 

Compensation   and    Damages (4510-27)  109 

Proceedings  in   Case  of  Appeal ;    Public   Sale  of  Work  ; 

Contracts  and  Bonds (4510-28)  109 

Work;   How  Done  and  Paid  for (4510-29)  110 

Proceedings  when  Contract  not  Complied  with (4510-30)  110 

Compensation  and  Damages  ;    How  Assessed (4510-31)  110 

Tax  ;    How  Collected  and  Accounted  for (4510-32)  111 

Levy  not  Void  for  Error (4510-33)  111 

When   Bonds  Issue,    Assessments  for  Costs  and  Interest 

Must  be  Made  ;    Form  of  Bond (4510-34)  111 

Proceedings    When    Ditch,    Drain,    etc.,    is    Situated    in 

More  than  one  County (4510-35)  112 

Penalty  for  Failure  to  Perform  Duty (4510-;).; )  112 

May  Provide  for  Cleaning  Ditch,  Drain  or  Watercourse..  (4510-37)  112 

Fees  for  Services,   etc (4510-38)  112 

Joint  County  Ditch,  Between  Counties  of  Ohio  and  Other  States  — 

Joint  Interstate  County  Ditches;    Petition,  etc (4510-59)  112 

Notice  by  County  Auditor (4510-40)  113 

Meeting  and  Organization  of  Joint  Board (4510-41)  113 

Vote  of  Ohio  Members (4510-12)  113 

Adjournment  for  Lack  of  Quorum (4510-43)  113 


INDEX.  289 

Joint  County  Ditches,  Etc.— Concluded.  section  page 
View  of  Route  Petitioned  for;    Finding  for  Improvement, 

etc (451(M  1 )  113 

Power  of  Joint  Board  to  Locate (4510-45)  114 

Employment  of  Engineer  to  Determine  Proper  Route (4510-40)  114 

Capacity  of  Improvement (4510-47)  114 

Adjournments    (4510-48)  114 

Report  of  Finding  and  Proceedings (4510-  }!» )  1U 

Engineers  to  Locate  Ditch (4510-50)  114 

Bond  (4510-51)  114 

Staking  Improvement ;    Grade  Megs  and  Bench-marks. ..  .  (4510-52)  114 

Plat  and  Profile  ;    Schedules;   List  of  Lands  Affected,  etc.  (4510-53)  115 

Copy  of  Engineers'  Report (4510-54 )  115 

Dutv  of  Auditor  on  Receipt  of  Report (451  (1-55 )  115 

Rules  Governing  Board (4510-56)  115 

Amendment   or   Approval   of   Report ;     Copv   of   Report ; 

Called  Meetings (4510-57)  115 

Power  to  Enter  upon  Lands (4510-58)  1 15 

Division  of  Costs  Among  Lands  Affected (4510-59)  110 

Further  Proceedings ;   Assessment  of  Lands  not  Contained 

in  Engineers'  Report (4510-60)  116 

Work  Beyond  State  Limits (4510-61)  116 

Fees (4510-02 )  116 

Claims  for  Compensation,  Damages,  etc (4510-63)  116 

Joint  Interstate  County  Ditches  — 

Joint  Interstate  County  Ditches ;  Commissioners  may  Enter 

into  Agreement  for  Construction (4510-64)  116 

Improvement  of  Outlet  of  Ditch,  etc.,  in  this  State (4510-65)  117 

Terms     of     Agreement     Set    Forth     on     Commissioners' 

Journal  (4510-66)  117 

Township  Ditches  — 

Township  Trustees  may  Establish  Ditches.... 4511  118 

Meaning  of  the  Word  "Ditch,"  etc 4512  118 

The  Trustees  may  Buy  Blanks 4513  118 

Petition  for  a  Ditch  and  Proceedings  Thereon 4514  118 

Joint  Township  Ditches;    Application;    Surveyor's  Report.              4514a  118 

Notice  to  Land  Owners  of  Filing  Petition 4515  119 

When  Action  May  be  Brought  on  Bond.; 4516  119 

Proceeding  Does  not  Abate  by  Death  of  Party 4517  120 

Application  for  Compensation  and  Damages 4518  120 

When  Preliminary  Steps  have  not  been  Taken 4519  120 

Township  Ditches  ;    Duties  of  Trustees,  etc 4520  120 

Township    Ditches;     How    Compensation    and    Damages 

Awarded     4521  120 

More  than  one  Channel  May  be  Established 4522  121 

May  Order  Riprapping  to  be  Done 4623  121 

Boxing  or  Tiling  of  Township  Ditches 152  i  121 

When  and  How  Route  may  be  Changed 1525  121 

Ditch  to  be  Divided  into  Sections 4526 

Fees  of  Officers  and  Others 4527  122 

Report  of  Trustees  to  Clerk 4528  122 

Duties  of  the  Clerk  Thereon 152!)  122 

Time  to  Complete  Work  may  be  Extended 4530 

Flood-gates  may  be  Ordered 453 1 

How  Obstructions  may  be  Removed 4532 

Appeals  to  the  Probate  Court 1:>'!;,> 

Consolidation  of  Spearate  Appeals,  etc f J534 

Notice  to  Land  Owners J-»:i-' 

Hearing  of  Preliminary  Matters  on  Appeal 4536  123 

Trial  to  Jury  on  Appeal f53  i 

The  Jury  Mav  View  Premises 45  w 

The  Form  of  the  Verdict [539  121 

Proceedings  on  Return  of  the  Verdict 1540 

Fees  and  Costs  and  to  Whom  Taxed 4541  124 

19     f.  h.  b. 


290 


INDEX. 


Township  Ditches— Concluded. 

Judge  to  Make  Transcript  and  Trustees  to  Meet 

How  Trustees  to  Proceed  if  no  Appeal 

At  What  Price  Work  may  be  Sold 

Actions  on  Bonds  and  Re-sales  of  Work 

Any  Person  Injured  may  have  Action 

When  Assessments  to  be  put  on  Duplicate 

Costs  When  Verdict  Against  Apellant 

Costs  may  be  put  on  the  Duplicate 

When  a  Person  Injured  may  Sue  Trustees 

Proceedings  When  Papers  are  Lost 

Township  Ditch  may  be  Altered  or  Repaired  by  Trustees. 

When  Taxes  or  Assessments  are  not  Void 

Only  Party  Injured  Can  Have  Relief 


section: 

PAGE. 

4542 

125 

4543 

125 

4544 

125 

4545 

125 

4546 

126 

4547 

126 

4548 

126 

4541) 

126 

4550 

126 

4551 

127 

4552 

127 

4559 

127 

4560 

127 

DRIFT. 
Removal  of  Drift  — 

Who  May  Remove  Drift  on  Another's  Land,  and  W'hen.  .  4561 

Commissioners  May  Remove  Drift  for  Protection  of  Roads  4562 

Application  by  Taxpayers  Therefor 4563 

Appointment  of  Viewers 4564 

Report  of  Viewer  and  Proceedings  Thereon 4565 

Costs  and  Expenses  to  be  Paid  out  of  Bridge  Fund   :  4566 

Commissioners  May  Remove  Obstructions  as  a   Sanitary 

Measure  4567 

Commissioners  May  Remove  Certain  Mill-dams  as  a  Sani- 
tary Measure  4567a 

Applications  for ;   How  Made ;   Bond,  etc 45676 

Hearing;  View  of  Premises;   Report  and  Record  of  Find- 
ing;   Negotiations  for  Purchase  and  Removal 4567c 

Application  Therefor,  and  Bond 4568 

Notice  to  Land  Owners 4569 

Hearing  of  Preliminary  Matters 4570 

Hearing  on  the  Merits,  and  Proceedings  Thereon. . 4571 

Apportionment  of  the  Work 4572 

When  Benefited  Lands  are  in  More  th    '.  one  County 4573 

Petition  and  Notice  in  Such  Case 4574 

Notice  of  Appeal  and  Bond 4575 

Transcript  and  the  Filing  Thereof 4576 

Drawing  the  Jury ,  and  Venire 45  tl 

Notice  of  the  Meeting  of  the  Jury 4578 

Hearing  of  Preliminary  Matters 4579 

Oath  and  Report  of  the  Jury 4580 

Proceedings  on  Report  of  the  Jury. 4581 

Proceedings  When  no  Appeal  is  Taken 4582 

Payment  for  Work  Done 4583 

Commissioners  May  Keep  Channel  Clear 4584 

Cleaning  and  Repairing  of  Ditches  and  Watercourses  — 

Township  Ditch   Supervision (4584-1 ) 

Oath,    Bond,    etc (4584-2) 

Supervisor  to  Re-divide  all  Ditches  into  Original  Working 

Sections    (4584-3) 

When  Ditch  Located  in  Two  or  More  Townships (4584-4) 

Upon  Notice  Duty  of  Owner,  etc.,  to  Clean  out  said  Sec- 
tion      (4584-5) 

When  Parties  Assessed  Fail  to  Clean  out  Same (4584-6) 

Sale  of  Work  of  Cleaning  Ditch ,  etc (4584-7 ) 

All  Costs  to  be  Collected  by  County  Treasurer (4584-8) 

Township  Ditch   Fund (4584-9) 

-     Compensation  to  Ditch  Supervisor (4584-10) 

Act  not  to  Apply  to  Tiled  Ditch (4584-11) 

Owner  Must  Keep  Ditch  free  of  Fallen  Timber,  etc (4584-12) 


127 

128 
128 
128 
128 
128 

128 

128 
129 

129 
131 
131 
131 
131 
131 
132 
132 
132 
132 
132 
133 
133 
133 
133 
133 
134 
134 


134 
134 

134 
134 

135 
135 
135 
135 
135 
136 
136 
136 


SECTION. 

PAGE. 

6627 

266 

6628 

259 

6629 

260 

6630 

260 

6631 

260 

6632 

261 

6633 

261 

6634 

261 

6635 

ME 

6636 

262 

6637 

262 

6638 

263 

6639 

263 

6640 

266 

<i<;n 

264 

\m 

2ft 

6643 

264 

6644 

264 

6645 

265 

6646 

:><;5 

6647 

m 

6647a 

265 

INDEX.  291 


ESTRAYS  AND  DRIFTS. 

Who  May  take  up  Estrays,  and  When  not  to  be  Taken  up.  . .  . 

Description  of  Stray ;  its  Record  by  Township  Clerk ;  Adver- 
tisement ,    etc 

Appraisement   

Its  Record  by  Justice ;  His  Fees  and  clerk's ;  List  of  Strays 
made  by  Clerk  of  Court 

Proceedings  When  Taker-up  not  a  Freeholder,  etc 

Strays  Outside  of  Settlement 

Proceedings  by  Owner  to  Reclaim  Strays ;  Sale  in  Default  of 
Payment   of   Costs 

What  Strays  Shall  Vest  in  Taker-up;  Sale  of  Animals  not 
Vesting  in  Taker-up,   etc 

Sale  and  Adjustment,   etc.,   of  Proceeds,   etc 

And  How  Collected,  etc.;  and  When  to  be  Paid  to  the  Owner 
of  the  Stray 

Penalty,  etc.,  for  Working,  Selling,  Abusing,  etc..  Strays... 

Stallion  Deemed  a  Stray,  etc.,  may  be  Gelded 

Boat ,  Raft ,  etc. ,  Adrift  may  be  Taken  up ,  etc 

Its  Record,  Disposition,  etc.,  and  Fees  of  Justice  and  Clerk.  . 

How  Owner  of  Drift  may  Reclaim  it 

When  Drift  Shall  Vest  in  Taker-up,  and  What  Sold  and  How 

Township  Treasurers  to  Deliver  Money,  Books,  etc.,  to  Suc- 
cessors  

Justice's  Stray-Book;   to  Deliver  it  to  Successor,  etc 

Penalty  for  Neglect  of  Duty,  etc 

In  Name  of  Trustees , 

Pees  of  Freeholders 

Abandoned  or  Stolen  Property ;    How  Disposed  of 

FAIRS  AND  FAIR  GROUNDS. 

Justices  of  the  Peace  may  Appoint  Special  Constables 3710  36 

Powers  of  Such  Constables 3711  36 

Duties  of  Certain  Officers  to  Suppress  Sale  of  Liquor  at  Fairs.  3712  36 

How  Articles  Seized  to  be  Disposed  of , 3713  36 

Trespass    (3713-7)  38 

Penalty  Therefor   (3713-8)  38 

Prosecutions   Hereunder    (3713-9)  38 

Proceedings  for  Appropriation  of  Lands  for  Enlargement  of 

Fair  Grounds    (3713-10)  38 

Board  of  Directors  to  Prosecute  Proceedings (3713-11)  39 

Fraudulent  Entry  of  Horse  in  Contest  of  Speed (4221-7)  66 

Penalty    (4221-8)  66 

Change  of  Name  for  Purpose  of  Entry (4221-9)  66 

Class  Determined  by   Performance (4221-10)  67 

Cheating  by  False  Pretense (4221-11)  67 

Penalty  (4221-12)  67 

Setting  up  Obstruction  on  Public  Sidewalk 6884  271 

Prohibiting    Sale    of    Intoxicating    Liquors    and    Keeping    of 

Houses    of    Ill-Fame    at    Certain    Places ;     Abatement    as 

Nuisance   6946  273 

Exhibitions  and  Temporary  Business  at  Fairs  Prohibited 7006  280 

FARMERS'  INSTITUTES. 

When  Farmers'  Institute  Society  Deemed  Body  Corporate (3713-1)  36 

Number,  Times  and  Places  of  Annual  Meetings (3713-2)  37 

County  Pavments  to  Societies  and  State  Board  of  Agriculture.  (3713-3)  37 
Societv's  Statement  of  Expenses  ;    What  Secretary's  Certificate 

to  Indicate  • (3713-4)  37 

Lectures  at  Annual   Meetings (3713-5)  83 

Publication  and  Distribution  of  Lectures  and  Papers (3713-6)  37 


292  INDEX. 


FARM  LABORERS'  ASSOCIATIONS. 

SECTION.  PAGE. 

Farm  Laborers'  Associations 3843  44 

What  Investment  it  may  Make 3844  44 

Must  Report  to  Attorney-General 3845  44 

Consolidation  of  Two  Associations 3846  44 

Attorney-General  to  Report  Annually 3847  44 

May  Maintain  Libraries,   etc 3848  45 

FENCES. 

How  Expenses  of  Making  Partition  Fence  Adjusted 4239  67 

Barbed  Wire  Partition  Fence;    Penalty 4239a  67 

Who  to  Keep  Partition  Fences  in  Repair;    Live  Fences 4240  67 

Requiring  the  Cutting  of  Briers,  Thistles,  etc.,  Along  Parti- 
tion Fences (4240-1)  68 

Notice  to  Land  Owner  Failing  to  Cut  Noxious  Weeds,   and 

Duties  of  Township  Trustees  in  the  Premises (4240-2)  68 

Cost  of  Work ;   How  Collected  and  Paid (4240-3)  68 

Anticipating  Such  Cost (4240^)  68 

Trustees'  Fees  (4240-5)  68 

When  Party  Entitled  to  Remove  his  Share  of  Partition  Fence.  4241  68 
Duty  and  Power  of  Township  Trustees  in  Respect  to  Contro- 
versies about  Partition  Fences ;    Assignment  of  Fence  to 
be  Constructed  or  Kept  in  Repair  by  Each  Party;    How 

Made 4242  69 

Partition  Fence  Where  Division  Line  in  Stream 4242a  60 

Building  of  Partition  Fence  and  Collection  and  Payment  of 

Cost  When  Either  Party  Fails  to  Comply  with  Assignment  4243  69 

When  and  How  Re-assignment  may  be  Had  4244  70 

Jurisdiction  of  Trustees  Where  Partition  Fence  on  Township 

Line    4245  70 

Where  Suit  to  be  Brought  Relating  to  Fence  on  Township  or 

County  Line  4246  70 

Where  Suit  to  be  Brought  When  Fence  Wholly  Within  Town- 
ship     4247  71 

Remedies  Provided  not  Cumulative 4248  71 

Penalty  Against  Trustee  for  Neglect 4249  71 

How  Damage  by  Trespassing  Animals,  on  Account  of  Failure 

to  Repair  Partition  Fence,   Recovered 42&0  71 

Liability  of  Owner  of  Trespassing  Animal  for  Damages 4251  71 

How  Hedo-e  Fence  Regulated \ . . .  4252  72 

Size  of  Hedge  Fence  Restricted • 4253  72 

Penalty  for  the  Violation  of  Provisions  with  Respect  to  Hedge 

Fence  4254  72 

Where  Actions  with  Respect  to  Hedge  Fence  to  be  Brought. .  4255  72 

FOOD  AND  DAIRY  COMMISSIONER. 

Ohio  Dairy  and  Food  Commissioner;  Salary  and  Expenses.  .  (409-7)  9 

General  Duties  of  Himself  and  of  His  Assistants (409-8)  9 

Powers ;    Prosecutions   (409-9)  9 

Assistant  Commissioners,   Experts,   etc (409-10)  9 

Bond  (409-13)  10 

Commissioner's  Clerk  (409-14)  10 

FORESTRY. 

State  Forestry  Bureau (409-15)  10 

Duties  of  the  Bureau,  etc (409-16)  10 

Annual  Report (409-17)  11 

Appropriation  for  Expenses (409-18)  11 

Expenditures    , ?> .  (409-19)  11 


INDEX.  293 


FRAUDS. 

SECTION.  PAGE. 

Penalty  for  Misrepresenting  Pedigree  of  Stallion  or  Jack (3213-1)  26 

Penalty  for  Vending  Impure  Seed TOUl  280 

Unlawful  Sale  of  Certain  Kinds  of  Wool (7069-&)  280 

Penalty  (7009-4) 

Fraud  in  Sale  of  Grain,  Seed,  etc.;    Negotiation  of  Notes  Ob- 
tained by  Such  Fraud ;    Penalty (7009-5)  28 1 

Labeling  of  Binding  Twine (7072-1)  281 

Labeling  of  "Soaked"  Goods  and  Cans  of  Maple  Molasses (7072-3)  231 

Unlawful    Obtaining  of   Registry   or   Transfer   in   Any   Herd 

Book ;    Penalty   (7076-1)  282 

Venue   (7076-2)  282 

False  Pedigree  or  Certificate  of  Sale  of  Stock (7076-3)  282 

HIGHWAYS. 

Labor  Upon  Highways  — 

Labor  Upon  Highways  Within  Road  District;    Who  Li- 
able ;    Exemptions  (2664-4)  14 

Commutation    (2664-5)  15 

Ordering  Out  of  Persons  Liable ;    Penalty (2664-6)  15 

Non-exemption  Against  Execution ;   Costs  in  Certain  Case  (2664-7)  15 
Non-release  by  Neglect  to  Order  Out,  Directions  Govern- 
ing Time  of  Performance (2664-8)  15 

Production  or  Non-production  of  Certificate  in   Case  of 

Removal    (2664-9)  15 

Appearance  with  Required  Implements,  etc (2664-10)  16 

Residence   (2664-11)  16 

Collection  of  Fines,  etc (2664-12)  16 

Expenditures  and  Accounts;    List  of  Those  Ordered  Out 

and  Those  Delinquent,  etc (2664—13)  16 

Transfer  of  Money ;  Receipt ;  Executions  on  Unpaid  Judg- 
ments ;    Expenditure  of  Proceeds (2664-14)  17 

Levying  Taxes,  Liens,  Etc. — 

Commissioners    to    Determine    Annually    Amount    to    be 

Levied   2822  17 

Levy  for  "State  and  County  Road  Improvement  Fund"...  2822-1  17 

Improvement  of  State  and  County  Roads 2822-2  17 

Surveys,   Profiles,   Estimates  and  Specifications 2822-3  17 

Bids  ;    Letting  of  Contract 2822-4  18 

Levy  of  Taxes  for  County  Road  and  Bridge  Purposes.  . .  .  2824  18 

Township  Taxes ;    When  and  How  Made 2827  20 

Authorizing   Trustees   of   Certain    Townships   to    Levy   a 

Road  Tax  (2827-1)  20 

Labor  on  Public  Highways,  etc 2830  21 

Lien  Upon   Railroad,    etc.;    for  Labor  or   Material  Fur- 
nished    (3231-1)  27 

How  Lien  Obtained (3231-2)  27 

Bond;    When  Injunction  may  Issue (3231-3)  27 

Engineer  to  Make  Measurements,  Estimates,     etc (3231-4)  28 

Penalty  (3231-5)  28 

State  Roads  — 

How  State  Roads  Laid  Out  and  Width 4615  145 

Petition  for ;.  What  to  Contain 4616  145 

Commissioners  to  View  and  Survey  Proposed  Road 4617  145 

Bonds  to  be  Given 4618  145 

Duties  of  County  Commissioners 4619  145 

Route  of  Road,  etc 4620  145 

Duties  of  Road  Commissioners 4621  145 

Notice  by  Advertisement 4622  146 

Second  Publication  of  Notice 4623  146 


294 


INDEX. 


State  Roads  —  Concluded.  section. 

Appointment  of  Officers  to  Assess  Damages 4624 

Payment  of  Damages 4025 

Compensation  of  Commissioners,  Employes,  etc. 4026 

Appeals   4027 

The  Jnry  and  its  Proceedings '. 4028 

Costs  on  Appeal 4029. 

When  Costs  and  Damages  Paid  by  County 4030 

When  the  Road  Can  be  Established 4081 

Fees  and  Costs 4032 

How  Width   Reduced 4033 

How  Road  Turned,  Altered,  Vacated,  etc 4034 

Alterations  in  State  Roads  Established 4035 

Vacation  by  Non-user 4030 

County  Roads  — 

Width  of  County  Roads 4037  ■ 

County  Roads ;    Power  of  Commissioners 4037-1 

Damages,  Costs  and  Expenses  ;    How  Paid 403 (-2 

Part  of  Expense  May  be  Paid  from  Comity  Treasury  or 

Improvement   Fund    4037-3 

Notice  of  Assessments 4037-4 

Filing  of  Objections  to  Assessments 4037-5 

Hearings  by  Equalizing  Board 4037-0 

Confirmation  of  Assessments 4037-7 

Assessment  upon  Real  Estate  Subject  to  Life  Estate 4037-8 

Collection  of  Assessments 4037-9 

Land  not  to  be  Taken  until  Damages  are  Paid 4037-10 

Provisions    of    Statutes    Which    Shall    Apply;     Right    of 

Appeal 4037-11 

Establishment  or  Alteration  in  Cuyahoga  County 4037a 

Assessments   4037b 

Certification  and  Collection  of  Assessments 4637c 

Portion  Paid  by  County 4037t' 

Notices  of  Assessments 4637 f 

Objections  to  Assessments 4037g 

Equalization  of  Assessments 4037/j 

Confirmation  463.7  i 

Laws  Applicable 403  <  j 

'Widening  and  Alteration  of  Roads  in  Lorain  County 4037& 

Assessment  of  Compensation  and  Damages (4037/j-l) 

Collection  of  Assessments (4037A--2) 

Compensation,  etc.,  May  be  Paid  out  of  County  Treasury.  (4637fe-4j 

Publication  of  Assessments (4037/t-5) 

Objections  to  Assessments (403  <  k-ti) 

Hearing  Objections   (4037/^-7) 

Confirmation  of  Assessments (4037/v,-8) 

Application  of  Existing  Statutes (4U37&-9) 

The  Petition  and  Bond 4038 

Judgment  for  Costs  and  Suit  on  Bond 4039 

What  Petition  to  Contain 4040 

Notice  of  Application 4041 

Appointment  of  Viewers 4042 

When  Road  Viewers  Fail  to  Perform  Duty  a  New  Order 

May  Issue  4043 

If  Viewer  Fails  to  Attend,   How  Another  Appointed....  4044 

Notice  to  Land  Owners 4045 

Duties  of  Viewers 4040 

When  Compensation  and  Damages  not  to  be  Assessed.  ..  .  4047 

Who  May  Administer  Oath 4048 

Duties  of   Surveyor,    etc 4049 

Duties  of  Commissioners  on  Report  of  View 4050 

Report  and  Payment  of  Damages  Accruing  from  Opening 

of  County  Roads 4051 

Review  ;    Amended  Report 4651a 

Application  for  and  Proceedings  on  Review 4052 


f-age. 

146 

140 
147 
147 
147 
147 
148 
148 
148 
14^ 
148 
148 
148 


149 
149 
149 

149 
149 
150 
150 
150 
150 
150 
150 

151 
151 
151 
151 
152 
152 
152 
152 
152 
152 
152 
152 
153 
153 
153 
153 
153 
153 
153 
154 
154 
154 
154 
154 

155 
155 
155 
155 
150 
150 
150 
150 

157 
157 


index.  295 
County  Roads  —  Concluded. 

SECTION.  PAGE. 

Proceedings  on  Report  of  Reviewers 41  ;;,:>,  158 

To  Find  the  Line  of  a  Road „ 4^54  153 

Application  to  Turn  Road 4(555  15g 

Application  to  Change  County  Road ;    Proceedings  on  Re- 
port of  Viewers 4656 

Application  for  Road  on  County  Line 4657  159 

Proceedings  on  Viewers'  Report 4658  159 

How  Width  of  Road  on  State  Line  Determined 4659  159 

Application  for  Vacation 4661  159 

Appointment  and  Report  of  Viewers 4662  159 

Penalties  Against  Viewers  and  Surveyor 4663  160 

Fees  of  Viewers,  Markers,  etc 4664  160 

Repair  of  Roads  Washed  out ,  > .  4665  160 

Application  for  Damages  and  Proceedings  Thereon 4666  160 

Fees  under  the  Last  Two  Sections 4667  160 

Road  Vacated  When  Unopened  for  Seven  Years 4668  161 

Alterations  Become  Part  of  Road ;    Parts  Vacated  4669  161 

Commissioners  Must  Mark  Line  of  Road  by  Stone  Monu- 

_     ments    • 4670  161 

Cuyahoga  County  Additional  Road  Levy (4670-1)  161 

Improvement  of  Such  Roads (4670-2)  161 

Purchase  of  Road (4670-3)  161 

Assessment   (4670-4)  162 

Engineer ;    Bond ;    Surveys,  etc. ;    Compensation (4670-5)  162 

Advertisement    (4670-6)  162 

Improvement  of  Certain  Public  Roads (4670-7)  162 

Petition;   Appointment  of  Viewers ;    Duties (4670-8)  162 

Finding  for  Improvement (4670-9)  163 

How  Improvement  to  be  Made ;   Appointment  of  Superin- 
tendent, etc  (4670-10)  163 

Superintendent  to  Furnish  Estimates (4670-11)  163 

Bonds (4670-12)  163 

To  What  Other  Roads  Provisions  of  Act  Shall  Apply (4670-13)  163 

Petition  for  Improvement  of  Roads ;    Duties  of  Commis- 
sioners Thereafter   (4670-14)  164 

Appointment  of  Engineer (4670-15)  164 

Contract  to  be  Let  to  Lowest  Bidder (4670-15)  164 

Engineer  to  Make  an  Estimated  Assessment (4670-16)  165 

Objections  to  Assessment (4670-16)  165 

Record  of  Proceedings  to  be  Kept  by  Auditor (4670-17)  166 

"Stone  and  Gravel  Road  Building  Fund" (4670-18)  166 

Bonds  May  be  Issued (4670-19)  166 

When  Person  Signs  both  Petition  and  Remonstrance (4670-20)  167 

Township  Roads  — 

Width  of  Township  Roads 4671  167 

Petition  for  Township  Road  and  Notice 4672  167 

Petition  for  Township  Road  ;    Bond  Required 4673  167 

Appointment  and  Duties  of  Road  Viewers 4674  168 

Claims  for  Damages 4675  168 

Report  of  Viewers 4676  168 

Proceedings  of  Trustees  on  Report  of  Viewers  of  Town- 
ship Road  4677  168 

Repairs  of  Township  Road  and  Costs 4678  169 

When  the  Road  is  in  Two  Townships 4679  169 

How  Joint  Board  to  Proceed 4680  169 

Width  of  Road  may  be  Changed 4681  169 

Proceedings  Therefor  4682  169 

Vacation  4683  169 

Alteration 4684  170 

Proceedings  Therefor   4685  170 

Are  Public  Highways;    Washington  Township.   Pickaway 

County 4686       \     170 

Submission  of  Improvement  Question  to  Electors  of  Town- 
ship and  Village  Therein (4686-1)  170 

Form  of  Proposition  and  Ballot ;    Notice (4686-2)  170 


296  INDEX. 

Township  Roads  —  Concluded.  section.  page. 

Judges  and  Clerks  of  Election;   Returns (4686-3)  170 

Result  of  Negative  Vote;    Resubmission (4686-4)  171 

Appointment,   etc.,   of  Commissioners;  Vacancy;   Desig- 
nation   of    Improvements;    Engineer's    Selection    and 

Duties (4686-5)  171 

Oath  and   Non-compensation   of   Commissioners;    Com- 
pensation of  Engineer (4686-6)  171 

Order  of  Improvement (4686-7)  171 

Record;  Account  of  Receipts  and  Expenditures (4686-8)  171 

Award  of  Contracts (4686-&)  172 

Specifications    (4686-10)  172 

Bond (4686-11)  172 

Point  Where  Construction  to  Begin;   Payment (4686-12)  172 

Specifications   (4686-13)  172 

Free  Turnpikes;  Regulation  of  Tires (4686-14)  173 

Employment,   Pay,   Oath,  etc.,   of  Superintendent  of  the 

Improved   Roads    (4686-15)  173 

Duties  of  Superintendents,   Payment  for  Work,  etc (4686-16)  173 

Issue  of  Bonds (4686-17)  174 

Annual    Tax    (4686-18)  174 

Submission  of  Question  of  Increased  Tax  Levy 4686-18a  174 

Certification  and  Collection  of  Tax (4686-19)  175 

Provisions   for    Repairs (4686-20)  1T5 

Annual  Tax  for  Repairs (4686-21 )  175 

Duties  and  Fees  of  Township  Treasurer (4686-22)  J  75 

Exemption .  (4686-23)  175 

Application  of  Cost  Where  Improvement  made  on  As- 
sessment Plan  (4686-24)  175 

Restrictions    (4686-25)  176 

Improvement    of    Dedicated    Street,    etc.,    by    Township 

Trustees;  Appropriation  of  Real  Estate  Therefor....  (4686-26)  176 

Proceedings    for   Appropriation (4686-27)  176 

Compensation  of  Trustees;  Assessments  Upon  Abutters; 

Payment  of  Assessments,   etc (4686-28)  176 

Bonds  (4686-29)  177 

Levy     for     Improvement     of     Highways     by     Township 

Trustees (4686-30)  177 

Collection  of  Tax (4686-31)  177 

Trustees  to  Determine  Roads  for  Improvement (4686-32)  177 

Letting  of  Work. (4686-33)  178 

Notice   by    Publication;    Contract  to   be    Let   to    Lowest 

Bidder;   Bond (4686-34)  178 

Overseer ;    Compensation    (4686-35)  178 

Record  (4686-35)  178 

Duty  of  Clerk :    Compensation (4686-35)  178 

Expenses  Paid  from  Road  Fund (4686-36)  178 

Roads   Free;    Repairs (4686-37)  179 

Township    Trustees    May    Create    Township    Into    Road 

District  for  Purpose  of  Improving  Public  Ways....  (4686-38)  179 

May  Borrow  Money  and  Issue  Bonds (46  6-39)  179 

Limit   of    Issue (4686-39)  179 

Question  to  be  Submitted  to   Electors (4686-40)  179 

Ballots  for   Election (4686-11)  180 

Judges  and  Clerks  of  Election (4686^2)  180 

Employment  of  Engineer;   His  Duties (4686-43)  180 

Division  of  Improvement  Into  Working  Sections (4686-44)  180 

How  Contract  Made (4686-45)  181 

How  Payments  to  be  Made (4686-16)  181 

Advertisement  and   Sale   of  Bonds (4686-47)  181 

How  Repairs  to  be  Kept  Up (4686-48)  181 

Tax  Levy    (4686-49)  181 

Supervisor  of  Improvement,    Compensation (4686-50)  181 

Appeals   in   Road   Cases  — 

When  Order  to  Open  Road  May  be  Executed 4687  181 

Who  May  Appeal  to  Probate  Court 4688  182 

Appeal  Bond  4689  182 


INDEX. 


297 


Appeals  in  Road  Cases  —  Concluded. 

Auditor  to  Transmit  Papers  to  Court , 

When  Court  May  Affirm  or  Set  Aside  Proceedings. 

The  Order  to  Viewers 

When  the  Court  Must  Confirm  Proceedings 

When  Review  May  be   Ordered 

When  Other  Viewers,  etc.,  May  be  Appointed 

Oath  of  Viewers ,  etc 

Appeals    from    Township   Trustees 

Decision  of  Court  Certified  to  Trustees 

Appeals  by   Claimant  of  Damages 

Proceedings  on  Such  Appeal 

Notice  to  Appellants  and  Obligors 

Challenges,  Talesmen,  and  Oath  of  Jurors 

Conduct  of  the  Trial 

Trial  by  Jury  After  Assessment  in  Court 

W7hen   Claimant  to   Pay  Costs 

County  Paying  Costs  for  Defendant 

Judgments  Therefor  to  be  in  Favor  of  State 

Court  to  Make  Complete  Record 

When  Auditor  to  Make  Record  and  Its  Effect 

When   Commissioners   May  Pay   Damages 

When  Auditor  Shall  Issue  Order  and  Its  Effect 

Proceedings  of  Commissioners  on  Transcript 

Proceedings  of  Trustees  on  Transcript 

Decision  of  Court  Reviewable  on  Error 

Fees  of  Officers  and  Others 


SECTION. 
4690 
4691 
4692 
4693 
4694 
4695 
4696 
4697 
4698 
4699 
4700 
4701 
4702 
4703 
4704 
4705 
4705 
4706 
4707 
4708 
4709 
4710 
4711 
4712 
4713 
4714 


PAGE. 
182 

182 
182 
183 
183 
183 
183 
183 
184 
184 
184 
184 
185 
185 
185 
185 
185 
186 
186 
186 
186 
186 
186 
187 
187 
187 


Supervisors  and  Road  Work  — 

Duties  and  Powers  of  Supervisors 

Unlawful  Making  of  Open  Ditches  Along  Highway; 
Penalty    

Further  Powers  of  Supervisors 

Road  Taxes  in  Highland  County-;  How  May  be  Worked 
Out   

Penalty  for  Non-compliance  with  Provisions  of  this  Act. 

Road  Beds  to  be  Leveled  off 

Destruction  of  Brush,  Briers,  Weeds,  etc.,  on  High- 
ways  

Drift  Against  Bridges,  Ditches  or  Culverts  to  be  Re- 
moved   

Destruction  of  Canada  or  Russian  Thistles,  Wild_Let- 
tuce  or  Wild  Mustard  Growing  on  Lands  in  Town- 
ships   

Destruction  of  Canada  and  Common  Thistles  and  Other 
Noxious  Weeds  Within  Cities  and  Villages 

Compensation  of  Township  Trustees;  Penalty  for  not 
Performing    Duties;    Disposition    of    Fines 

Destruction  of  Russian  Thistles  on  Lands  in  Townships. 

Destruction  of  Russian  Thistles  Growing  on  Public  High- 
way or  Right  of  Way  of  Railroad  Company 

Trustees  or  Road  Supervisor  May  Construct  Footwalk, 
Foot  Bridge,   etc.,   Upon  Petition 

Guide  Boards  to  be  Erected 

Trustees  to  Furnish  Tools,   Machinery  and  Implements. 

Watering  Places  May  be   Provided 

Additiosal    Road   Tax 

Rate  of  Such  Levy  to  be  Published 

Tax  to  be  Certified  to  Supervisors 

Passways   May   be    Constructed 

Vacancies  in  Office  of  Supervisor;  How  Filled 

.     Penalties   Against   Supervisors 

Supervisors  wot  to  Work  Out  Road  Tax  Other  than  Their 
Own    

Only  Public  Roads  to  be  Worked 

Certificates  for  Timber,  etc.,  Taken  for  Road 

How   Paid    


4715 


187 


4715a 

187 

4716 

188 

(4716-1) 

188 

(4716-2) 

188 

4729 

188 

4730 

188 

4731 

189 

4732 

190 

4732<j 

190 

4732& 

191 

4732c 

191 

4732d 

192 

4733 

192 

4734 

192 

4735 

192 

4736 

193 

4737 

193 

4738 

193 

4739 

193 

4740 

193 

4741 

194 

4742 

194 

(4742-1) 

194 

4743 

194 

4744 

194 

4745 

194 

298  INDEX. 

Supervisors  and  Road  Work  — Concluded. 

SECTION.  PAGE.. 

When  County  Commissioners  May  Condemn  Material  for 

Road    Purposes    (4745-1)  195 

Findings   May  be  Appealed   From (4745-2 )  195 

Proceedings  in  Probate  Court (4745-3)  195 

How    Notice    Given (4745-4)  195 

Costs;    How    Paid (4745-5)  196 

Van  Wert  County;  Tax  for  Road  Repair  Material )4745-6)  196 

Bonds  (4745-7)  196 

Free   Use   of   Material (4745-8)  196 

Obstructions    to   be    Removed 4746  196 

Roads  on  State  or  Township   Lines 4747  197 

Highways  Along  State  Line (4747-1)  197 

By  What  Law  County  Commissioners  Governed (4747-2)  197 

Obstruction  of  Road  by  Railroad  Agents 4*48  197 

Company  Liable  for  Fines  Against  Employes 4749  198 

How  Fires  in  Woods  or  Prairies  Extinguished 4750  198 

Penalties  for  -Refusal  to  Assist 4751  198 

Bridges   Over   Mill-races 4752  198 

Mill-races  Across   Roads 4753  198 

Notice  to  be  Given  of  Intention  to  Construct  Mill-race.  .  4754  199 

Trustees  May  Authorize  Improvement  of  Certain  Roads.  4755  199 

Expense  of  Improvement  to  be  Credited  on  Road  Tax.  .  ,        4756  199 

Material  for  Improvement  of  Public  Roads '    4757  200 

Road  Districts  — 

Organiaztion  of  Road  Districts;  How  Governed  and  Con- 
trolled      (4757-1)  200 

How   Districts   Created (4757t-2)  200 

Submission  of  Question  of  Improving  Roads (4757-3)  301 

Form   of    Ballot (4757-3)  201 

Notice   of   Election (4757-3)  201 

Appointment  of  Judges  and  Clerks;  Returns;  Compensa- 
tion     (4757-4)  201 

Canvass   of  Votes (4757-4)  201 

Effect  of  Negative  Vote;  Resubmission  of  Question (4757-5)  301 

Effect   of   Affirmative   Vote ;     Designation   of    Roads    for 

Improvement (4757-6)  201 

Term  of  Office  of  Commissioners;  Oath;  Compensation, 

etc -:...  (4757-7)  202 

Selection  of   Roads  for  Improvement (4757-8)  202 

County  Auditor  Ex-OMcio  Member (4757-9)  202 

Record  Kept  by  Commissioners;  Payments  for  Improve- 
ment    (4757-9)  202 

Work  of  Construction  Let  on  Bids;  Notice (4757-10)    '        203 

Division  of  Roads  Into  Sections  for  Purpose  of  Sale  of 

Work   (4757-11)  203 

What   Required   of  Bidders (4757-11)  203 

Contractor's  Bond  , (4757-12)  203 

Superintendent   of   Construction;   Compensation (4757-13)  203 

Roads  Improved  to  be  Free  Turnpikes;  Width  of  Im- 
proved Road;  Trustees  May  Regulate  Width  of  Tires.  (4757-14)  203 

Oath  and  Bond  of  Superintendent  and  Engineer (4757-15)  204 

Bonds  (4757-16)  204 

Levy  to  Provide  Payment  of  Improvement  and  Redemp- 
tion of  Bonds (4757-17)  204 

Commissioners  to  Certify  Levy  to  County  Auditor (4757-18)  204 

Repair   of   Roads (4757-19)  204 

•     Receipt  and  Disbursement  of  Moneys (4757-20)  205 

Duty   of   Prosecuting    Attorney (4757-21)  205 

Turnpikes  — 

When  and  Where  Commissioners  May  Build  Turnpikes; 
Repairs  by  Commissioners  of  Streets  in  Municipali- 
ties  

The  Manner  in  Wrhich  the  Road  Must  be  Constructed.  . 

Powers    of    County    Commissioners 


4758 

205 

475!) 

205 

4760 

205 

INDEX.  299 
Turnpikes  —  Concluded. 

^                                   r~'i-                                       *                                     *                    SECTION.  PAGE. 

Compensation;  Piling  Amount  to  Save  Costs;   Locating 

Over  Other   Roads 47U1  206 

County  Commissioners  May  Require  Donations 4762  206 

Question  of  General  Tax  for  Turnpikes  Must  be  Submit- 
ted   to    Electors 47tj3  206 

Conduct   of  the    Election 4764  207 

Question  May  be  Again  Submitted 4765  207 

Effect  of  an  Affirmative  Vote 17<;i;  jjjfl 

When  an  Assessment  May  be  Made 4767  207 

When  a  Tax  May  be  Levied  and  How  Much.  . . 4768  208 

Restriction  of  the  Levy;  County  Bonds  May  be  Issued..  4769  ^^ 

Records  to  be  Kept,  and  How  Payments  Made 4770  208 

Letting  the  Work 4771  208 

Payments  to  be  Made  on  Estimates 4772  208 

Compensation   of  Viewers,    etc.... 4773  889 

Construction    of    Free    Turnpikes    by    County    Commis- 
sioners        (4773-1)  209 

Security  for  Cost;  Order  of  Commissioners (4773-2)  209 

Rights  of  Way;  How  Obtained (4773-3)  209 

What  Laws  Apply  to  Construction  of  Such  Turnpikes...       (4773-4)  210 

Levy  to  Pay  Cost  of  Construction;  Bonds (4773-5)  210 

One-mile  Assessment  Pikes  — 

Petition  for  Free  Turnpike  and  Notice  of  Application...  4774  210 

Appointment  of  Road  Commissioners 4775  210 

Road  to  be  Laid  Out,  and  Returns  to  County  Commis- 
sioners   4776  211 

Levy  of  Taxes  to  Construct  and  Repair  One-mile  Assess- 
ment   Pikes    4777  211 

Abatement   of   Taxes 4778  211 

Collection   of   Tax;    Definitions 4779  211 

Bond  and  Oath  of  Road  Commissioners 4780  211 

Powers  and  Duties  of  Road  Commissioners 4781  212 

Further  Powers  of  Such  Commissioners 4782  212 

Assessment  of  Damages  for  Material  Taken,   etc 4783  212 

Appeal  from  the  Assessment 4784  212 

Road  Commissioners  May  Sell  Donated  Land 4785  212 

Upon  What  Property  Taxes  to  be  Assessed 4786  212 

No  Division  of  Territory  or  Taxation  to  be  Made 4787  213 

How  Township  Road  Tax  and  Labor  Applied 4788  213 

When  Trustees  Fail  to  Apportion  Road  Labor 4789  213 

When  Road  Work  to  be  Done 4790  213 

Road  Tax  Paid  Into  County  Treasury  to  be  Refunded...  47!>1  818 

Road  Commissioners  to  Make  Annual  Settlement 4792  214 

Settlement  to  be  Enforced  by  Action 4793  -214 

Duplicate  is  Prima  Facie  Evidence 4794  214 

The  Road  Commissioners  are  a  Body  Corporate 4705  214 

One-mile  Assessment  Pike  Must  be  Accepted  by  County 

Commissioners 4796  214 

Pay  of  Officers  and  Vacancies 475)7  214 

Certain  Expenses  to  be  Paid  by  County 47! »K  215 

Who   May   Sign   Petitions 47S9  215 

One-mile  Assessment   Pike:    Bridges:    Material   for   Re- 
pairs   4800  215 

How  Road  May  be  Made  Toll  Road 215 

How  Location  of  Road  May  be  Changed 4802  W5 

How  Claims  for  Damages  May  be  Settled 4803  216 

When  Petitioners  Reside  in  Different  Counties 4804  21  fi 

Proceedings  on  Such  Petition 4805  216 

Petition  for  Road  on  County  Line 4806  216 

The   Line  of  a   State,    County  or  Township   Road   May 

be   Occupied    4807  21. 

Road  Commissioners  May  Issue  Bonds  Therefor 4808  81  i 

How  Two  or  More  Roads  May  be  Consolidated 4809  JIT 

How   Existing  Levies  to  be  Applied 4810  211 

Commissioners   of   Consolidated    Road   to    Have    Charge 

of  all  Property 4811  218 


300 


INDEX. 


One-Miee  Assessment  Pikes  —  Concluded.  section 

Free  Turnpikes:  Completion  of 4812 

One-mile  Assessment  Pikes;  When  Commissioners  May 

Issue  New   Bonds 4812a 

Certificates  of  Labor  Receivable  for  Road  Tax 4813 

Unpaid  Indebtedness  of  Free  Turnpike  Road  Company..  4814 

Taxation  to  Pay  Same 4815 

When  Different  Rates  Have  Been  Authorized 4816 

Payment  of  Such  Indebtedness , 4817 

Special  Taxes  to  be  Applied  to  Debts 4818 

Road  May  be  Transferred  to  Turnpike  Company 4819 

Taxpayers  to  Have  Stock 4820 

Toll-gates  and  Toll 4821 

Elections  cf  Directors 4822 

Villages   May  Assist  in   Constructing  Such   Roads,    and 

May  Issue   Bonds 4823 

Tax  to  be  Submitted  to  Electors 4824 

When  Road  May  be  Extended  to  Village 4825 

Time  for  Construction  Extended  and  County  to  Pay  for 

Bridges   4826 

Road  Commissioners  to  Make  Final  Report 4827 

Vacation  of  Free  Turnpike  Road 4828 

Two-Mile  Assessment  Pikes  — 

County  Commissioners  may  Construct  or  Improve  Roads; 

Vacation  of  Roads 4829 

County  Commissioners  may  Improve  Unfinished  Turnpike 

or  Plank  Road 4830 

Two-Mile  Assessment   Pikes ;    Petition  for  Improvement 

of;  Viewers;  How  Appointed,  and  Duties  of;  Proviso  4831 

Notice  and  Publication 4832 

Duties  of  Viewers  and  Surveyor 4833 

Appeal  from  Assessment 4834 

•  Report  of  Viewers  to  Commissioners 4835 

Proceedings  When  Report  of  Viewers  of  Two-Mile  As- 
sessment Pike  is  Filed 4836 

Commissioners    of    Lucas     County    may     Order     Roads 

Improved  ;    Expense,  how  Ordered  to  be  Paid 4836a 

Appointment  and  Removal  of  Engineer;  Plans,   Profiles, 

etc. ;   Letting  of  the  Work 4836b 

Estimated  Assessment  of  Expenses;  Objections  Thereto; 
Equalizing  Board,  Its  Powers  and  Duties;  Assess- 
ment of  Life  Estates 4836c 

Records  and  Accounts;    Filing  of   Profiles,    Plats,    etc.; 

Expenditure  of  Money 4836a7 

When  Certain  Provisions  Shall  not  Apply  to  Improve- 
ments Made  Under  this  Act 4836c 

General  Tax  Levies  for  Construction  and  Repair  of  Im- 
proved Roads ;    Proceeds  of  Levies 4806/ 

Issue  of  Bonds  for  Construction  and  Repair  of  Improved 

Roads  4836g 

Commissioners   of  Lucas   County;     Bonds   for    Repair   of 

Roads  . 4836/* 

Commissioners    in    Lucas    County    may    Construct    Road 

Without  Assessment  Upon  Private  Property 4836 i 

When  Remonstrant  Bound  for  Costs 4837 

Applicability  of  Certain  Statutes  to  Ashtabula,  Licking, 
Wood,  Holmes.  Medina,  Ottawa  and  Wyandot  Coun- 
ties ;    Portion  of  Cost  to  be  Paid  by  County (4837-1) 

All    Other    Sections    Relating    to    Two-Mile    Assessment 

Pikes  to  be  in  Force (4837-2) 

Changes  in  the  Improvement  and  Assessments  Authorized  4838 

How  Proceedings  Abandoned  before  Contract 4839 

How  Abandoned  after  Contract 4840 

Engineer  to  be  Appointed  to  Make  Contract  for  Improve- 
ment of  Two- Mile  Assessment  Pike 4841 


PAGE. 

218 

218 
218 
218 
219 
219 
219 
219 
219 
220 
220 
220 

220 
220 
220 

221 
221 
221 


221 

221 

222 
222 
222 
222 
222 

223 

223 

224 

224 

225 

225 

226 

227 

227 

227 
228 

228 

228 
229 
229 
229 

229 


INDEX. 


801 


Two-Mile  Assessment  Pikes  — Concluded. 

Commissioners  to  Apportion  Estimated  Expense  of  Im- 
proving Free  Turnpikes.  . . 

Notice  and  Proceedings  on  Report 

Proceedings  on  a  Re-reference 

Assessment  may  be  Increased  or  Diminished 

Commissioners  may  Issue  Bonds  to  Meet  Expenses  of 
Road  Improvements 

When  Assessment  is  Insufficient 

How  Excess  of  Assessments  on  Two-Mile  Turnipkes  Dis- 
tributed     

Compensation  and  Fees 

Cities  and  Villages  may  Assist  in  Constructing  Improved 
Road  

Cities  in  Adjoining  County  may  Aid 

Plats,  Profiles  and  Surveys  to  be  Preserved 

Commissioners  may  Receive  Donations,  and  Contract  for 
Material   

Appointment  of  Appraisers  of  Material 

Their  Duties  and  Their  Award 

Affirmance  of  the  Award 

Appeals  to  the  Common  Pleas 

When  the  Board  is  in  More  than  One  County 

Appeals  in  Such  Cases 

Assessments  for  Two-Mile  Assessment  Pikes,  how  En- 
forced; Issue  of  Bonds  to  the  Amount  of  Delin- 
quencies    

Improved  Roads  may  be  Surrendered  to  County  Commis- 
sioners     

County  may  Purchase  Roads 

Who  may  Take  Advantage  of  Errors 

How  far  Proceedings  may  be  Declared  Void 

Converting  Toll  Roads  — 

Owners  may  Propose  to  Commissioners  to  Sell  Toll  Road. 

Appraisement  of  the  Road  and  Bridges 

The  Commissioners  may  Propose  to  Buy 

Company  may  Accept  Proposal 

Petition  of  Land  Owners  for  Purchase 

County  to  Pay  for  Bridges 

How  Assessments  Made 

How  Put  in  Proper  Condition  and  Kept  in  Repair 

Fees  of  Officers  and  Others 

Owners  of  Certain  Roads  may  Sell  the  Same 

To  be  a  Free  Road 

Repair  of  Improved  Roads  — 

Improved  Roads  to  be  Repaired 

Townships  in  Certain  Counties  Made  Road  Districts 

Certain  Repairs  in  Pickaway  County 

Auditor  to  Give  Notice  to  Township  Clerk 

Township  Trustees  Charged  With  the  Repair  of  Improved 

Roads   

Trustees  may  Assign  Roads  to  Supervisors 

Trustees  to  Report  Annually  to  Commissioners 

Trustees  Shall  Set  off  Persons  and  Districts  for  Repair  of 

Roads  ;   Labor  on  Roads ,  etc 

County    Commissioners    may    Levy    Additional    Tax    for 

Road  Purposes 

Road  Districts  Created  in  Champaign  County 

Notices  by  Auditor 

Township  Trustees  to  Appoint  Road  Superintendents  on 

Receipt  of  Notice ! 

Oath,  etc.,  of  Road  Superintendents 

Powers  and  Duties  of  Superintendents 

Penalty  for  Violation  by  Superintendent 


SECTION. 

PAGE. 

4842 

230 

4843 

230 

4844 

230 

4845 

230 

1846 

230 

4847 

381 

4848 

231 

4849 

•j:n 

4850 

231 

4851 

2%> 

4852 

232 

4853 

232 

4854 

232 

4855 

232 

4851  i 

232 

4867 

233 

4858 

233 

4859 

234 

4800 


234 


4861 

234 

4862 

235 

4863 

235 

4864 

235 

4865 

235 

4866 

235 

4867 

236 

4868 

23i ; 

4869 

236 

4870 

236 

4871 

236 

4872 

236 

4873  ' 

237 

4874 

237 

4875 

237 

4870 

237 

4889 

237 

4889a 

237 

4890 

237 

4891 

237 

4892 

238 

4893 

238 

4894 

238 

4895 

238 

4895a. 

239 

48956 

4895r 

239 

4895d 

239 

4895e 

239 

4895  f 

240 

302 


INDEX. 


Repair  of  Improved  Roads  —  Concluded.  section. 

Levy  of  Tax , 4895c; 

Repair  of  Culverts  and  Bridges .  4895/; 

Office  of  Road  Supervisor  Abolished,  etc 4895 i 

Issue  of  Certificates  of  Indebtedness,  and  Levy  of  Tax.  . . .  4895J 

In  Certain  Other  Counties 4896 

Board  of  Turnpike  Directors 4897 

.Duties  of  Directors  of  Improved  Roads 4898 

May  Contract  for  Labor  and  Material 4899 

Appeal  From  Assessment  of  Damages 4900 

General  Levy  for  Repairs 4901 

Township  Trustees  to  Apportion  Road  Labor 4902 

Compensation  of  Directors  and  Others 4903 

.    Regulation  of  Burdens  on  Improved  Roads 4904 

Penalties  for  Violation  of  Rules. 49o5 

Parts  of  Roads  in  Cities  and  Villages  to  be  Repaired 4906 

Certain  Funds  Apportioned . . . 4907 

Miscellaneous  Provisions  — 

How  Certain  Roads  may  be  Vacated 4908 

Land  May  be  Dedicated  for  Use  as  Public  Highways 4908fr 

Sidewalks  Along  Roads  Authorized 49o9 

Sidewalks  Along  Highways (4909-1) 

Township  Trustees  May  Borrow  Money  for  Certain  Pur- 
poses;    When  Question  of  Issue   Shall  be   Submitted 

to  Vote 4910 

May  Levy  Tax  to  Pay  Same ,  491 1 

When  Commissioners  May  Transport  Material  by  Rail.  .  .  .  491  2 

County  Commissioners  May  Appropriate  Certain  Roads..  491:) 

What  Roads  may  be  Declared  Abandoned,  and  When.  ..  .  4014 

Petition  to  Have  Same  Declared  Abandoned 4015 

Notice,  and  Hearing  on  Petition 4910 

Publication  Against   Non-residents 4917 

Abandoned  Toll  Road  to  Become  Free  Road. 4918 

Tax  to  Repair  Damaged  Highways 4919 

Provisions  of  Preceding  Inapplicable  to  Van  Wert,    De- 
fiance and  Paulding  Counties 4919a 

Such  Tax  may  be  Anticipated ;   Contract  to  Improve  Parts 
of    Road ;     Certificate    of    Amount    of    Compensation 

Due ;   Rights  of  Holder  of  Certificate 4920 

How  Surplus  of  Tax  to  be  Disposed  of 4921 

When  Commissioners  may  Build  Embankments 4922 

When  the  Road  Belongs  to  Adjoining  Counties 4923 

When  Commissioners  may  Establish  a  Ferry 4924 

When  County  Auditor  may  Levy  Extra  Roau  Tax 4925 

How  Long  Such  Tax  to  Continue 4926 

When  Such  Tax  may  be  Levied  in  a  Township 4927 

Such  Tax  may  be  Paid  in  Labor 4928 

Supervisors  to  Give  Receipts 4929 

Abatement    of    Tax    of    Him    who    Constructs    Watering 

Trough  (4929-1) 

Disbursement  of  Tax  When  Paid  in  Money 4930 

National  Road  in  Charge  of  County  Commissioners 4931 

Their  Powers  and  Duties  in  Relation  Thereto 4932 

May  Collect  Toll  Between  1  oil-Gates 49a3 

Special  Provision  for  Madison  Countv 4934 

Unfinished  Portions  of  National  Road. 4935 

Road  Records,  How  Restored  ;    Publication  and  Notice  of; 

Costs  of,   How  Paid 4935a 

Proceedings  When  Copies  of  Record,  etc.,  are  in  Existence  4935b 

County  Roads 4935c 

Conditions  upon  Which  Mine  and  Quarry  Operators  Per- 
mitted to  Undermine  or  Cross  Public  Roads (4935-1) 

Owner  of  Land  Abutting  on  Public  Road  may  Lay  Pipe- 
line for  Water,  etc.,  Within  Line  of  Road (4935-2) 


PAGE. 

240 
241 
241 
241 
241 
242 
242 
242 
242 
243 
243 
243 
243 
244 
244 
244 


244 
245 
245 
245 


245 

245 
245 
240 
246 
240 
246 
247 
247 
247 

247 


248 
249 
249 
249 
249 
249 
249 
250 
250 
250 

250 
250 
250 
251 
251 
251 
251 

251 
252 
252 

252 

253 


index.  303 

Bicycle  Sidepaths —  .  i«ju™„ 

SECTION.  PAGE. 

Board  of  Sidepath  Commissioners 4!):;5-3  >:>:>, 

Power  to  Construct  and  Maintain  Sidepaths 4035-4  254 

License  upon  Bicycles 4935-5  254 

License  Fees  to  be  Paid  to  County  Treasurer 4935-6  254 

Disposition  of  Fees 4935-7  265 

Penalty  for  Wrongful  Use  of  Path 4935-8  255 

Obstructing.  Destroying,  etc.,  of  Path 4935-9  255 

Speed  Upon  Path 4935-10  255 

Sidepaths    Heretofore    Constructed   to    be    Placed    Under 

Control  of  Sidepath  Commissioners 4935-11  255 

May  Remove  Tree  Limbs,  etc 4935-12  255 

Penalties    4935-13  255 

Security  for  Appearance  in  Court 4935-14  255 

Notice 4935-15  256 

HORSE  THIEVES,   SOCIETY  FOR  APPREHENSION  OF,   ETC. 

Corporations  for  the  Apprehension  and  Conviction  of  Horse 

Thieves,  etc  (3705-11)  34 

Seal,    Constitution,    Officers,   etc ' (3705-12)  34 

Assessments ;    Indemnity  for  Losses ;    Expenditures (3705-13)  34 

Reimbursement  of  Expense  by  County (3705-14)  35 

Township  Societies  for  Detection  of  Horse  Thieves  and  Other 

Criminals    3709a  35 

LANDS. 

County  Auditor  to  Take   Possession  of  and   Sell   Escheated 

Lands    

Appraisal,  Terms  of  Sale,  and  Deed 

When  Lands  Sold,  How  Proceeds  Disposed  of 

LEVEES. 

Probate  Court  may  Order  Construction  of  Levees 

Petition  Therefor ;   What  to  Contain,  and  Bond 

Notice  to  Parties  Interested 

Applications    for    Damages 

Hearing  on  Preliminary  Matters 

Hearing  on  the  Merits  and  Proceedings  Thereon.  . . .  % 

Hearing  of  Application  for  Damages 

Damages  Must  be  Paid  Before  Final  Order 

The  Final  Order 

How  Assessments  of  Work  to  be  Made 

Costs  and  Statements  for  Parties 

Meaning  of  the  Word  "Levee" 

Changes  in  Route  Authorized 

When  Another  Viewer  or  Engineer  Appointed 

When  Riprapping  to  be  Done 

Court  mav  Order  Construction  of  Flood-gate,  etc 

Assessments  for  Operating  Expenses  of  Flood-gate,  etc 

County  Levee  Committee;  Appointment;  Term;  Vacancy 

Contracts    

The  Jurv  and  Venire 

Impaneling  Jury  and  Form  of  Verdict 

Trial  to  the  Jury 

Proceedings  on  the  Verdict 

Fees  and  Costs 

Court  may  Correct  Errors  .etc 

When  Proceedings  to  be  Dismissed 

Repair  of  Levees 

When  Levee  Intersects  Another  Levee 

Proceedings  When  Levee  Benefits  a  Road 


4183 

45 

4184 

45 

4185 

46 

4585 

136 

4586 

137 

4587 

137 

4588 

137 

4589 

137 

4590 

137 

4591 

138 

4592 

138 

4593 

138 

4594 

138 

4595 

138 

4596 

139 

4597 

139 

4598 

139 

4599 

139 

4599a 

139 

45996 

139 

4599c 

139 

4599</ 

140 

4600 

141 

4601 

141 

4602 

141 

4603 

141 

4004 

142 

4605 

112 

4606 

142 

4607 

142 

4608 

143 

4609 

143 

304  INDEX. 

SECTION.  PAGE. 

The  Sale  of  the  Work 4610  143 

When  Assessment  to  go  on  Duplicate 4611  143 

Person  Materially  Affected  may  Complain  of  Error 461:2  144 

And  may  Have  Relief 4613  144 

When  and  How  Township  Trustees  may  Establish  Levees.  ..  .  4614   '         144 


LEVYING  TAXES. 
County  Taxes  — 

Commissioners    to    Determine    Annually    Amount    to    be 

Levied  and  Amount  for  Each  Purpose 2822  17 

Levy  for  "State  and  County  Road  Improvement  Fund".  . .  .  2822-1  17 

Improvement  of  State  and  County  Roads 2822-2  17 

Surveys,   Profiles,   Estimates  and  Specifications 2822-3  17 

Bids;    Letting  of  contract 2822-4  18 

Levy  of  Taxes  for  County  Road  and  Bridge  Purposes.  . .  .  2824  18 

Township  Taxes  — 

When  and  How  Made 2827  20 

Authorizing   Trustees   of   Certain    Townships   to   Levy   a 

Road  Tax  N. (2827-1)  20 

Township  Liabilities  for  the  Relief  of  the  Poor 2828 '  21 

Labor  on  Public  Highways,  etc 2830  21 

Levy  to  Pay  Bonds  of  County,  City  or  Townsnip,  Given 

for  Railroad  Subscription 2831  22 

Tax  on  Dogs. 2833  22 

Surplus  of  Special  Tax  or  Loan  may  be  Transferred  to 

General  Fund 2834  22 

Power  to  Borrow ,  to  Extend  Time  or  Change  Debt 2834a  23 

Restrictions;     No    Contracts,    etc.,    Unless    Money    is    in 

Treasury  and  Set  Apart,  etc 2834b  23 

Disposition  of  Surplus  under  Dow  Tax 28Md  24 

Townships  and  Municipalities  may  Issue  and  Sell  Their 

Bonds,  etc 2835  24 

Tax  Shall  be  Levied  to  Pay  Bonds  and  Interest 2836  25 

Question  to  be  Submitted  to  the  Voters 2837  25 


LIENS. 

Lien  of  Keeper  of  Stallion  or  Jack (3213-1 )  26 

Lien  Upon  Railroad  for  Labor  or  Material  Furnished (3231-1)  27 

How  Lien  Obtained. (3231-2)  27 

Bond ;   When  Injunction  may  Issue (3231-3)  27 

Engineer  to  Make  Measurements,   Estimates,   etc (3231-4)  28 

Penalty (3231-5)  28 

MALICIOUS  INJURY  TO  PROPERTY,  TRESPASS,  ETC. 

Altering  Ear-marks  or  Brands  of  Domestic  Animals 

Killing  or  Injuring  Domestic  Animals 

Administering  Poison  to  Domestic  Animals *..... 

Not  to  Apply  to  Trespassing  Animals 

Taking,  Using,  etc.,  Horse,  Mule,  etc.,  Without  Leave.... 
Wrongful    Taking   of   Bicycle,    etc.,    With    Intent    to    Injure 

Same  

Maliciously  Altering,  etc.,  Name  or  Number  of  Bicycle,  etc.. 

Maliciously  Injuring  part  of  Bicycle,   etc 

Unlawfully    Placing   upon    Public   Way    Substance    Liable   to 

In j  ure  Pneumatic  Tire 

Disposition  of  Fines 

Malicious  Destruction  of  Trees  and  Crops 

Altering  or  Removing  Landmarks 

Removing  Township  Corner  Posts 


6850 

265 

6851 

265 

6852 

266 

6853 

266 

6854 

266 

6854a 

266 

68546 

266 

6854r 

266 

685  i</ 

267 

6854<? 

267 

6864 

267 

6865 

267 

(me 

267 

SECTION. 

PAGE. 

6868 

268 

6869 

268 

6870 

268 

6877 

268 

6878 

268 

6879 

268 

6880 

268 

6880a 

269 

68806 

269 

6880d 

269 

6880e 

269 

6881 

270 

6881a 

270 

INDEX.  305 


Throwing  Down  Fences  or  Opening  Gates 

Malicious  Injury  of  Toil-Gate ] 

Fast  Driving,  etc. ,  Over  bridges 

Injuring  and  Committing  Nuisances  in  Buildings ........ 

Destroying    or    Defacing    Newspapers,     etc.,     Belonging    u 

Libraries    

Demolishing  Guide-Boards ,   etc 

Trespassing  by  Destroying  Trees  and  Crops . . 

Trespassing,  Cutting  Timber,  etc. ;  How  Punished 

Penalty  for  Buying  Timber  Cut  Unlawfully 

How  Judgment  Collected  and  Paid  Over 

Trespassing  Upon  Lands  of  Another;   Penalty 

Trespassing   While    Mining ' 

Trespass  by  Owner  of  Shanty-boat;   Penalty 

Trespass  by    Employes   of  Telephone   and   Telegraph    Com- 

panics  . (6881-1)  270 

Defacing  or  Destroying  Advertisements  or  Notifications  Set 

Up  Dy  Authority  of  Law,   or  by  Bridge  Owners 6882  270 

Posting    Bills,    etc.,    on    Buildings,    etc.,    Without    Consent 

of  Owner   6883  270 

Setting  Up  Obstruction  on  Public  Sidewalk -      6884  271 

Unlawful  Camping  on  Public  Highways  or  Adjacent  Lands.       (6884-1)  271 

Penalty    (6884-2)  271 

Breaking  Open  Pound,  etc 6885  271 

MAPLE   SUGAR. 

Maple  Sugar  and  Syrup  Defined (4200-62)  54 

Standard  of  Weight  of  Maple  Syrup;  Adulteration (4200-63)  54 

Labeling  of  Cans  of  Maple  Molasses (7072-3)  281 

MARKET   HOUSES. 

Market  House  Companies 3858  45 

Powers  of  Such  Companies 3859  45 

MILK.   BUTTER,   CHEESE,   ETC. 

Regulating  Sale  of  Milk;  Penalty (4200-9)  46 

Pure    Milk:    Penalty (4200-10)  46 

Skimmed   Milk;   Penalty (4200-11)  46 

Adulterated    Milk   Defined (4200-12)  46 

Butter   and    Cheese ;    Imitations (4200-13)  46 

"Natural  Butter  and  Cheese,"  etc.,   Defined;  Oleomargarine.  (4200-14)  47 

Penalty (4200-15)  47 

Oleomargarine ;   Restrictions   (4200-16)  47 

Placards  to  be  Displayed  by  Dealers (4200-17)  47 

Placards  to  be  Displayed  by  Hotel  Proprietors  and  Others..  (4200-18)  47 

Oleomargarine  Defined    (4200-19)  48 

Penalty    (4200-20)  48 

Branding  of  "Filled  Cheese"  and  "Skimmed  Cheese" (4200-21) 

Penalty  for  Violating  Preceding  Section -. ._ .  (4200-22)  48 

Penalty  for   Selling  or   Offering   Imitation   When    Cheese   is 

Called  for  (4200-23)  49 

Penaltv  for  Selling,   etc.,   Imitation  Without  Proper  Brands 

and  Placards   (4200-24)  49 

Posting  of  Placard  at  Place  of  Business (4200-25)  49 

Placard  on  Sides  of  Vehicle (4200-26)  49 

Notice  to  Guest,   etc (4200-27)  50 

Branding (4200-28)  50 

"Person"    Defined    (4200-29)  50 

Restrictions  on  Sale  of  Artificial  Dairy  Products (4200-30)  50 

Restrictions  on  Manufacture  of (4200-31)  51 

Further  Restrictions  on  Manufacture;   Sale  of,  etc (4200-32)  51 

False  Brands  and  Labels. (4200-33)  51 

*20      F.    H.   B. 


306  INDEX. 

SECTION.  PAGE. 

Brands,  Continued;  Skimmed  Milk  Cheese (4200-34)  51 

Card  to  be  Displayed  by  Dealers  in  Artificial  Dairy  products; 

Sale  of  Less  than  Original  Package (4200-35)  52 

Card  to  be  Displayed  by  Keepers  of  Hotels,  Restaurants,  etc.  (4200-36)  52 

Fraudulent  Shipments    (4200-37)  52 

Sale  of  Diluted  Milk;   False  Accounts (4200-38)  52 

Impure  and  Skimmed  Milk (4200-39)  52 

Milk  Falsely  Labeled,    etc (4200-40)  53 

Cows  Unhealthily  Fed,   etc (4200-41)  53 

Condensed  Milk  (4200-42)  53 

State  Institutions   (4200-43)  53 

Penalties  (4200-44)  53 

NUISANCES. 

Injuring  and  Committing  Nuisances  in  Buildings 6877  268 

Nuisances  6921  271 

Creating  Artificial  Ponds  and  Stagnant  Waters 6922  272 

Unlawful    Deposit    of   Dead   Animals,    Offal,    etc.,    Into    or 

Upon  Land  or  Water 6923  272 

Bodies  of  Animals  Dying  from  Contagious  Diseases  Must  be 

Burned   or   Buried 6923a  272 

Prohibiting   Sale    of    Intoxicating    Liquors    and    Keeping    of 

Houses    of    Ill-fame    at    Certain    Places;    Abatement    as 

Nuisance  6946  273 

OHIO  STATE  BOARD  OF  AGRICULTURE. 

Secretary  of  Agriculture  to  Have  Charge  of  Crop  and  Stock 

Service (409-35)  11 

Assessors  Shall  Gather  and  Return  Statistics  to 1522  13 

Return  of  Statistics;  Agricultural  Statistics 1523  14 

Incorporation    (3691-25)  28 

Number  of  Board;  Quorum (3691-20)  28 

Names   of   Members (3691-27)  28 

Annual  Meeting  of  Board  ;   Election  of  Members  ;   Term 3692  29 

Annual  Report  of  Board  to  General  Assembly 3693  29 

State  Board  of  Agriculture;  Real  Estate  Acquired  by;  Audit- 
ing of  Expenses;  Annual  Report;  Legal  Adviser 3694  29 

How  State  Agricultural  Fund  at  Disposal  of  the  Board 3695  29 

Secretary  of  State  Authorized  to  Furnish  Stationery  to  Board 

of  Agriculture    3696  30 

PESTS. 

What  Cattle  Infected  with  Disease  Shall  not  be  Brought  Into 

State  4210  58 

Presumptions  in  Actions  to  Recover  Damages  for  Infection.  .  4211  58 

Offering  Bounty  for  Killing  Ground   Hogs (4211-1)  58 

How    Paid    (4211-2)  58 

Bounty  for  the  Killing  of  English  Sparrows (4211-3)  59 

Proof  Required  of  Persons  Applying  for  Such  Bounty (4211-4)  59 

How   Paid (4211-5)  59 

For  Extermination  of  San  Jose  Scale,   etc (4446-7)  78 

Board  of  Control  to   Cause  to  be   Exterminated   Dangerous 

Insects    and    Plant    Diseases (4446-8)  78 

Examinations  of  Orchards,   Gardens,    etc (4446-9)  79 

As  to  Plants  Shipped  Into  this  State (4446-10)  80 

Penalty  for  Violation  of  this  Act (4446-11)  81 

Annual  Report  of  Board  to  Governor (4446-12)  81 

Act  Does  not  Apply  to  Greenhouses (4446-13)  81 

Disposition  of  Moneys  Received (4446-14)  81 

Appropriation  for  Use  of  Board.  . .  . . (4446-15)  81 


INDEX.  307 
RUNNING  AT  LARGE. 

tin           a     •        i       01     i,  SECTION.  PAGE. 

What  Animals  Shall   not   Run  at   Large;   Penalties  Against 

Owner...    420i  55 

Certain  Animals  not  to  Run  at  Large;  Penalty 4202  55 

County  Commissioners   May  Grant  Permission   for  Animals 

to    Run   at    Large;    Duties    of    Road    Supervisors    as    to 

Animals  Running  at  Large 4203  55 

How  Penalties  Collected,  and  Disposition  Thereof 4204  55 

Suit  for  Penalty  not  to  be  Commenced  Without  Notice 4205  56 

Owner  of  Animal  Liable  for  Damages 4206  56 

Animal  Running  at  Large  May  be  Treated  as  Estray;  Penalty.  4207  56 

Fees  for  Taking  up  Animals 4208  56 

Pounds    4209  57 

Pounds   in   Incorporated  Villages (4209-1)  57 

Duties  of  Poundmasters;  Release  of  Impounded  Animals (4209-3)  57 

Fees    (4209-4)  57 

SELLING  UNWHOLESOME  PROVISIONS. 

Selling  Unwholesome   Provisions 6928  273 

Feeding  Unwholesome  Offal  or  Flesh  to  Swine,  etc (6928-1)  273 


TIME. 

Making  Part  of  First  Tuesday  After  First  Monday  in  No- 
vember a  Legal   Part   Holiday (4446-1)  77 

Labor  Day   (4446-^)  78 

Central  Standard  Time (444G_3)  73 

Timepiece    in    or    upon    Public    Building    to    Keep    Central 

Standard  Time    (4446-4)  78 

TOWNSHIP  AGRICULTURAL  SOCIETIES. 

Incorporation  of  Township   Societies 3709  35 

VETERINARIANS. 

Examination    of  Veterinarians (4412-1 )  72 

Certificate   (4412-2)  72 

Veterinarians  Employed  by  State   Boards (4412-3)  73 

State  Board  of  Examiners (4412-4)  73 

Meetings,    etc (4412-5)  73 

Compensation  of  Members (4412-6)  73 

When  Certificate  Issued;  Eligibility  of  Unsuccessful  Candidate  (4412-7)  73 

Time  and  Fee  for  Examination (4412-8)  73 

Acceptance  of  Diploma  in  Lieu  of  Examination (4412-9)  73 

Penalty;  Emergency   (4412-10)  74 

VINEGAR,    MANUFACTURE,    ETC. 

Adulterated  Vinegar;  its  Manufacture  and  Sale  Forbidden....  (4200-50)  53 

Fermented  and  Distilled  Vinegars (4200-51 )  53 

Injurious  Ingredients;   Branding (4200-52)  54 

Penalty    (4200-54)  54 

Brands  on  Casks  of  Vinegar (4200-54)  54 

Manufacturing   Farmer    (4200-54)  54 

Penalties (4200-55)  54 


308  INDEX. 


WEIGHTS  AND  MEASURES. 

SECTION.  PAGE. 

Standards,    those   Furnished  by  United   States   Government; 

Metric   System    4428  74 

By  What  Standard  Contracts  Construed 4429  74 

Yard,    the  Standard  Measure  of   Length  and  Surface;   Sub- 
division of  Yard . ■  4430  74 

Contents  of  a  Rod,  Pole,  or  Perch;  of  a  Mile;  of  a  Chain.  ..  4431  74 

Contents  of  an  Acre 4432  74 

Contents  of  Perch  of  Mason  Work  or  Stone 4433  74 

Contents  of  a  Cord  of  Fire-wood  or  Tanbark 4434  74 

Standard  Weights   4435  75 

Definition  of  a  Pound  and  its  Subdivisions;  Ton 4436  75 

Gallon  the  Standard  Measure  for  Liquids 4437  75 

Contents  of  a  Barrel 4438  75 

Branding    4438a  75 

Half  Bushel  the  Standard  Measure  for  Substances  not  Liquids  4439  75 
Unlawful  to  Use  Other  than  Standard  Half  Bushel  in  Testing 

Milling   Weight,    etc (4439-1)  75 

Penalty ;   Disposition   of   Fines (4439-2)  75 

Duty  of  Prosecuting  Attorney;   Fee (4439-3)  76 

Subdivisions    of   Half   Bushel 4440  76 

Heaped  Measure    4441  76 

How  Dry  Commodities  Measured 4442  76 

Legal  Measure  for  Small  Fruits;  Penalty (4442-1)  76 

Standard  Weight  of   Bushel 4443  76 

Contents  of  Bushel  for  Measuring  Stone,  Coal  and  Lime 4444  77 

Standard  of  Measurement  for  Bushel  of  Charcoal 4444a  77 

When  Coal  May  be  Sold  by  Weight  and  When  by  Measure..  4445  77 

Liability  of  Person  Selling  Coal  in  Violation  of  Provisions..  4446  77 


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